United Nations Development Programme Country: SOMALIA Programme Document

Transcription

1 UNDP Somalia Strengthening Governance and Rule of Law in Somalia

2 United Nations Development Programme Country: SOMALIA Programme Document Programme Title: Strengthening Governance and Rule of Law in Somalia UNSAS Outcome: Outcome 3 Good Governance and Human Security Country Programme Outcomes: Outcome 1: Somali men and women are better able to build peace and manage conflict Outcome 2: Somali women, men, girls and boys benefit from more inclusive, equitable and accountable governance, improved services, human security, access to justice and human rights Outcome 3: Somali women benefit from increased sustainable livelihood opportunities and improved natural resources management Outcome 4: Somali women and men attain greater gender equality and are empowered Executing Entity: UNDP Somalia Implementing Agencies: Somalia administrations (TFG Somalia, Puntland, Somaliland), International/National Non Governmental Organizations, Civil Society Organizations, UN agencies i

3 BRIEF DERIPTION As the development agency of the United Nations, UNDP s mandate focuses on human development and therefore advocates for change; connecting countries to the knowledge, experience and resources to help national authorities improve the quality of life of citizens. UNDP works towards building nations that can withstand crisis and work towards long term growth and sustainable development. Despite a delicate situation of supporting transitional authorities with weak public support, UNDP is widely trusted by the international community and national authorities as the main agency with the capacity to support the emergence of stable national institutions. In Somalia, UNDP faces the challenge of operating with a medium and longer term vision where immediate humanitarian and political issues take precedence. This is a challenge yet the Country Office aims to deliver on its mandate in an environment that requires considerable flexibility owing to security, access, humanitarian need and political imperative. In order to achieve development goals in Somalia, commitments must be made to invest time and resources for results that may not be realized in the short term. UNDP Somalia is working with the state, communities and traditional leaders to drive development that goes beyond economic growth and quick win interventions; development which ensures that the population benefits from inclusive, equitable and accountable governance, improved services, human security, access to justice and respect for human rights. With presence in South Central Somalia, Puntland and Somaliland, UNDP is strategically positioned as a key actor to support reconciliation, peace building, state building, good governance, human security and the rule of law. Previously stand alone programmes, the Governance and Rule of Law and Security Progammes were merged into one strategic portfolio in The new Governance and Rule of Law Programme (GROL) aims to enhance the quality and impact of UNDP s work in Somalia. The focus areas under the programme portfolio are thematically interlinked and will be developed in an interdependent manner so as to assure systematic rollouts and presence across Somalia, thereby contributing to sustainable development through peace consolidation and good governance. The programme focuses on six inter related and mutually thematic areas which are all essential to the strengthening of governance and the rule of law in Somalia at national, regional and local levels. These are: fostering inclusive political processes, strengthening core institutional functions and systems, improving access to justice and the judicial system, strengthening police and security sector governance, enabling resilient local governance and service delivery, and enhancing community security and resilience. The overall objective is that Somali women and men benefit from more inclusive, responsive governance that enables improved service delivery and enhances peace. To meet this objective, governance and rule of law programming must work in tandem. The programme strategy outlines strategies towards ensuring that governance interventions at federal and regional levels contribute to state building and peace building alike, while being sensitive to the risks that the joint focus entails. Programme Period: SP Key Result Area Crisis Prevention and Recovery Atlas Award ID: Start date: January 2012 End Date December 2015 PAC Meeting Date Management Arrangements TBC DIM Total resources required $ 177,314,000 Total allocated resources Regular 9,600,000 Other: o Denmark 2,535,565 Unfunded budget: $ 165,178,435 In kind Contributions Government contributions ii

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5 TABLE OF CONTENTS 1. SITUATION ANALYSIS Context Nature of Governance and Rule of Law Institutional Arrangements UN in Somalia (CPD, UNSAS, ISF, Partners) Alignment with National Priorities Evolution of the Rule of Law and Security and Governance Programmes Findings of Evaluations and Reviews STRATEGY, PRINCIPLES AND CROSS CUTTING ISSUES Strategy Principles Cross Cutting Issues PROGRAMME OUTCOMES AND OUTPUTS Programme Outcomes Programme Outputs THEMATIC AREAS Fostering Inclusive Political Processes Strengthen Core Institutional Systems and Functions Improving Access to Justice and the Judicial System Strengthening Police and Security Sector Governance Enabling Resilient Local Governance and Service Delivery Enhancing Community Security and Resilience LINKAGES REGIONAL DIFFERENTIATION AND IMPLICATIONS FOR STRATEGIC DIRECTION South Central Somalia Puntland Somaliland Emerging Administrations in South Central Somalia BENEFICIARIES AND PARTNERSHIPS Intended Beneficiaries External Partnerships SUSTAINABILITY RISKS AND MITIGATION STRATEGY Risk Assessment Risk Mitigation iv

6 10. KNOWLEDGE MANAGEMENT MANAGEMENT ARRANGEMENTS Programme Board Programme Assurance MONITORING AND EVALUATION STRATEGY AND FRAMEWORK External Evaluation and Reporting LEGAL CONTEXT Annex A: Risk Management Matrix Annex B: Results and Resources Framework Annex C: Conflict Sensitivity Annex D: Result Areas By Programme Pillar v

7 LIST OF ACRONYMS ADR AG AMISOM BCPR CA CAP CID CO CORPS CPD CPP CPRP DDF DDR D GDP GROL HJC IDP IFEC ILO INGO IOM ISF JCU J JPLG KM LG M&E MP M NCA NGO OCHA OCVP PAC PCM PEC PFM PREP RCO Assessment of Development Results Attorney General African Union Mission in Somalia Bureau for Crisis Prevention and Recovery Constituent Assembly Consolidated Appeals Process Criminal Investigation Department Country Office Community Resource Persons Country Program Document Civilian Police Project Crisis Prevention and Recovery Practice District Development Framework Disarmament, Demobilization and Reintegration District Safety Committee Gross Domestic Product Governance and Rule of Law High Judicial Council Internally Displaced Person Independent Federal Electoral Commission International Labour Organization International Non Governmental Organization International Organization for Migration Integrated Strategic Framework Joint Constitution Unit Joint Security Council Joint Programme on Local Governance Knowledge Management Local Governance Monitoring and Evaluation Member of Parliament Most Significant Change National Constituent Assembly Non Governmental Organization United Nations Office for the Coordination of Humanitarian Affairs Observatory on Crime and Violence Prevention Police Advisory Committee Project Cycle Management Puntland Electoral Commission Public Financial Management Poverty Reduction and Environment Protection Resident Coordinator s Office vi

8 ROL ROLS RRF SAC SARC SGBV SIDP SPU TFC TFG TFI TFP TOT UN UNCDF UNCT UNDP UNDSS UNEAD UN HABITAT UNHCR UNICEF UNMAS UNODC UNPOS UNSAS WHO Rule of Law Rule of Law and Security Results and Resources Framework Small Arms Control Sexual Assault Referral Centre Sexual and Gender Based Violence Somali Institutional Development Project Special Protection Unit Transitional Federal Charter Transitional Federal Government of Somalia Transitional Federal Institutions Transitional Federal Parliament Training of Trainers United Nations United Nations Capital Development Fund United Nations Country Team United Nations Development Programme United Nations Department of Safety and Security United Nations Electoral Assistance Division United Nations Agency for Human Settlements United Nations High Commissioner for Refugees United Nations Children s Fund United Nations Mine Action Service United Nations Office on Drugs and Crime United Nations Political Office for Somalia United Nations Somalia Assistance Strategy World Health Organization vii

9 1. SITUATION ANALYSIS 1.1. Context Somalia is a complex political and security environment which is beset by poverty, recurring famine and violent conflict. The country has been in a state of armed conflict of one form or another since and without a functional central government since One third of the estimated nine million people who inhabit Somalia live in extreme poverty and the average life expectancy is only 47 years. One fifth of the estimated population is internally displaced and 2.4 million people are in need of emergency support. Women, youth and children suffer the effects of poverty and conflict disproportionately a Somali woman has a 1 in 10 risk of dying during her reproductive years, 1 young male out of every 5 will be killed by the age of 29, and 1 in 10 children die before their fifth birthday. Consecutive droughts have severely affected parts of the country in the last few years while the on going violence in Southern and Central Somalia has made it extremely difficult for national and international actors to operate and access communities in this part of the country. Across the territory of Somalia a variety of political, military, tribal and administrative entities seek to govern. Despite some fourteen attempts by the international community to sponsor national peace processes, none of the governments that have emerged have succeeded in establishing their authority or broad legitimacy among Somalis. Indeed, efforts to revive a functional central government have become conflict triggers, as different clans fight for increased representation and resources. Even in the relatively stable regions of Somaliland and Puntland, the effective functioning of the regional administrations is undermined by different clans seeking to influence and control key institutions, revenue and positions. Efforts and aspirations to have a modern functioning public sector often run counter to the traditional and religious forms of governance which have varying legitimacy and influence across the country. At present, Somalia comprises three principal administrative areas: South Central Somalia, the semi autonomous Somali State of Puntland, and Somaliland, which unilaterally declared itself an independent republic in While interlinked ethnically and economically, each of these three regions has evolved differently and faces differentiated levels of stability, development and governance. Large areas of all three regions are ungoverned by formal structures and changes in allegiances continue to shift the borders of each entity. South Central Somalia, including the capital Mogadishu, has been in a state of open conflict during much of the previous programming cycle. Conflict between the Transitional Federal Government (TFG) forces (now backed by AMISOM) and various Islamic militia groups has been on going since The two largest militias (Harakat Al Shabab al Mujahidin and Hizbul Islaam) joined forces in December 2010 under the name Al Shabab and seized control of most of South and Central Somalia. Over the past year, however, TFG allies have gained ground, and popular discontent with lack of services in response to the worsening drought conditions in 2011 undermined Al Shabab s ability to exert control. With the support of AMISOM deployments and clan militias, the TFG has extended its presence and control across Mogadishu and is now moving out beyond the city s outskirts. Kenyan and Ethiopian armed forces, working with local Somali militias, are also seeking to force Al Shabab from some of its strongholds in Southern and Central Somalia. Although militarily weakened and being forced to fight on multiple fronts, bombings in Mogadishu in late 2011 and early 2012 highlight Al Shabab s continuing intent to undermine the TFG s efforts to stabilise Mogadishu. 1 Ken Menkhaus, Conflict analysis: Somalia, pp UNPOS. December The patterns and severity of armed conflicts have varied over time, ranging from intense civil wars to intermittent communal clashes to chronic, low-level insecurity. 1

10 In addition, a growing number of local Somali militias and district commissioners effectively control many of the neighbourhoods of Mogadishu vacated by Al Shabab 2, raising the possibility of a resurgence of inter clan competition and warlords. The international community recognizes the TFG as the legitimate government of Somalia. The TFG has made some important progress including drafting a constitution and has taken steps towards implementing an UNsponsored Roadmap 3 that aims to end the national government s transitory status in August At the London Conference on Somalia in February 2012, the international community agreed to inject new momentum into the political process, to strengthen AMISOM 5 and help Somalia develop its own security forces, and to boost support for measures to fight piracy and terrorism. However, world leaders also reaffirmed that the Transitional Federal Institutions mandate ends in August 2012, and that there must be no further extensions. The recently concluded Istanbul II Conference (May 31 and 1 June 2012) reiterated that the transitional period will come to an end in August 2012 in accordance with the Kampala Accord, the Roadmap, the Garowe I and II Principles, and the Galkayo Agreement. At the conclusion of the 20 to 22 June meeting in Nairobi, signatories collectively committed to meet the deadlines stipulated under the Addis Ababa Agreement and expressed their collective resolve in ending the transition and ushering in a new political dispensation under a provisional Constitution adopted by the National Constituent Assembly. During 2010 and 2011, the political and security situation remained delicate, with some insecurity and clan disputes reported in the Bari and Mudug regions. Over the next programming cycle, UNDP will increase staff presence in Mogadishu as security conditions permit, in order to match the increase in development interventions. Puntland, in the northeast, is a relatively peaceful and stable semi autonomous region, which supports on going processes aimed at creating a federated Somalia, including the constitution making process. The government administration, established in 1998, is gradually asserting its control over clan based militia. President Farole was elected President of Puntland by the Parliament in January In the current political system of Puntland, the current 66 MPs and council members are put forward through a selection process delineated by clan, and there are no political parties. The Puntland Electoral Commission was formed in July 2011 and tasked with the responsibility of looking at a move towards a multi party electoral system. Somaliland, in the north west, is the most stable and peaceful of Somalia s regions, enabling UNDP to make considerable gains in development programming. In June 2010, Somaliland held a presidential election which was hailed by observers as peaceful and a legitimate expression of the will of the people. The subsequent transfer of power between the former opposition leader and former President occurred peacefully. 2 See Ken Menkhaus, Conflict Analysis: Somalia, p 9. UNPOS. December Whilst many of these clan militias and district commissioners claim to be part of the TFG, a number are autonomous from the TFG. 3 The Road Map was adopted by the TFG, Puntland and the self-declared autonomous regions of Galmudug and Ahlu Sunna Wal Jama a. 4 The Garowe Principles agreed at the Somalia National Consultative Constitutional Conference (December 2011) are meant to guide finalization of the draft federal constitution and the process for ending the transition. The Garowe II meeting (February 2012) endorsed a posttransition parliamentary structure. 5 UNR 2036 (2012) requests the AU to increase AMISOM s force strength from 12,000 uniformed personnel to 17,731, comprised of troops and personnel of formed police units. 2

11 1.2. Nature of Governance and Rule of Law Institutional Arrangements The overarching legal framework in Somalia is the Transitional Federal Charter (2004) which requires the Transitional Federal Institutions (TFI) to prepare for transition from an interim to a permanent government through adoption of a federal constitution. In 2011, the Transitional Federal Parliament (TFP) overwhelmingly voted to extend its term by three years and senior Transitional Federal Government (TFG) and TFP officials deferred indirect elections of the President and Speaker to August A Roadmap to end the transitional nature of the government, and which prioritises tasks that were set out in the Transitional Federal Charter, was agreed to in September Benchmark 2 of the Roadmap includes finalisation and adoption of a new constitution, the establishment of an interim federal parliament, elections, and a constitutional referendum. In February 2012, Somali government officials meeting in the north eastern town of Garowe to discuss post transition arrangements agreed on stipulations to follow the August 2012 end of the Transitional Institutions, including the formation of a new 225 lower house plus a 54 member upper house, bicameral parliament and the scheduling of elections in In South Central Somalia, relative peace and security is beginning to be secured in certain areas through localised social compacts, often supported by armed force. In all areas, localised political settlements define the structure, parameters and capacity of government and regional authorities. Progress towards strengthening of the formal security and justice institutions has been severely curtailed by the on going conflict. Nonetheless, the Supreme Court, Appeal Court and Benadir Regional Court have all been re established, as well as 10 district courts that all hear cases in TFG controlled areas. A UNDP assessment conducted in January 2011 found that there are currently 43 judges, 20 of whom are legally qualified, 11 prosecutors and 38 lawyers. The majority of these judges and prosecutors previously served before the collapse of Somalia 20 years ago. In 2010, the Chief Justice reestablished the High Judicial Council, comprising Supreme Court members. By contrast, the Somalia Police Force is now relatively better staffed, with some 5,500 officers having received training (3 months) and a monthly top up stipend of $100, principally through the UNDP ROLS Programme and funded by the international community. The majority of these officers are based in Mogadishu. However, they remain severely underequipped and under resourced. Puntland and Somaliland each have sub national constitutions or charters the Puntland Constitution (2012) and the Somaliland Constitution (2001). These, and the Transitional Federal Charter, all specify decentralization as the core political, functional, fiscal and administrative principle of governance, with significant devolution of power to the district level and responsibility for delivery of local services. The regional administrations in Somaliland and Puntland have developed more extensive governance structures including executive offices with line ministries, parliaments and judicial systems. Puntland has a decentralized structure in place, but with limited financial and human resource capacity. In addition, Puntland has witnessed a rapid turnover in the management levels of central and local authorities, with poor consistency in public administration and limited institutional memory. In Puntland, the justice sector is characterised by developing formal institutions and a limited number of legal professionals few of whom have any formal legal qualifications. There are no women working in the judiciary or prosecution service. Outside of the four main towns there is limited access to the formal justice system. In recent years, piracy has put the judicial and security systems under extreme pressure, particularly as international efforts to stem the piracy problem have increasingly been returning suspected pirates to Puntland for trial, prosecution and detention. The international community has recently increased its support to Puntland in the areas of anti piracy and security sector reform. As with the judiciary, the Puntland Police Force has limited presence and capacity outside of the three main urban centres in Puntland, and almost no presence off the main tarmac road which links Bosasso, Garowe and Galkayo. 3

12 The police are also severely under resourced with low levels of literacy amongst the officers, limited command and control over the forces and accompanied by low levels of trust and confidence in the police by the public. In 2012, Somaliland released its first four year development plan, developing a vision for Somaliland in 2030, and identifying priorities across economics, infrastructure, governance, social and environmental sectors. This plan acknowledged that democratic institutions had been established; however, there was need for continued development within most areas of public sector management (at central and local levels). Relative stability has also provided a platform for the development of the formal justice sector. For example, court statistics demonstrate a doubling of cases through the Hargeisa District Court in just two years 6 and legal aid has increased from 1,633 cases in 2009 to 6,290 cases in During 2010 and 2011, over 6000 persons have been assisted with legal aid. Despite this, the judiciary is still under resourced and under qualified. Out of a total of 136 judges, only 29 have received any legal training and women have only recently been appointed as deputy attorney generals. The Somaliland Police Force has, since its establishment in 1991, struggled to shed its identity as a remnant of a former authoritarian police. Although widely considered as having taken important steps towards civilian policing over the past decade, including the training of 5,000 of its officers, many citizens still distrust the police. 7 Furthermore, the force lacks effective management and its officers are poorly equipped. Beyond the formal structures, governance in Somalia is determined by a highly influential informal system. Traditional leadership has primary responsibility for land management and dispute settlement, co existing with Sharia and secular courts to provide justice. These non state actors are, therefore, critical for any state led reconciliation, legitimizing the establishment of new councils, mobilizing communities in planning and local development and improving land dispute resolution mechanisms. Access to the formal justice system (police and judiciary) remains limited to the main urban centres, and most of the population rely on customary law and their elders to provide justice. 8 In essence, the challenges to governance in Somalia are wide ranging and cover a mixture of political, institutional, cultural and human resource issues. This demands that the international community pursues a comprehensive and sustained approach to governance strengthening that includes support to the development of responsive institutions, support to inclusive political processes, and the fostering for state societal relations (including the engagement of traditional authorities, religious leaders and civil society) UN in Somalia (CPD, UNSAS, ISF, Partners) UNDP s programmatic approach and activities in Somalia are guided by the United Nations Somalia Assistance Strategy (UNSAS) , the Integrated Strategic Framework (ISF) and UNDP s five year Country Programme Document (CPD) UNDP works with the UN County Team (UNCT) and the UN Political Office in Somalia (UNPOS) to achieve the goal a peaceful and secure nation in which every Somali has the opportunity to build a better life. UNPOS, which was established in April 1995, is mandated by Security Council Resolution 1863 (2009) to facilitate national reconciliation and support the establishment of lasting peace and stability in Somalia. 6 See Somaliland Ministry of Justice Reports Safety and Security District Baseline Report; Burao, Observatory of Conflict and Violence Prevention (OCVP), August For example, in the Burao baseline assessment, 50% of people surveyed had very high or relatively high trust in religious leaders and 71% had very high or relatively high trust in clan elders. By comparison only 18% had very high or relatively high trust in the statutory courts. 4

13 UNPOS is also mandated to support good governance and rule of law, the re establishment of inclusive Somali security forces, and to support the TFG in combating illicit arms trafficking, disarmament, demobilization and reintegration (DDR), justice and corrections capacities. The United Nations Somali Assistance Strategy (UNSAS) provides a five year framework for the UN s development work as well as the humanitarian, transitional and recovery assistance. The vision for 2015 is that Somali people make progress towards peace and the Millennium Development Goals through equitable economic development and are supported to achieve their human rights by inclusive, accountable and self sufficient government. The vision is achieved through the focus on three outcomes: social services, poverty reduction and livelihoods, and good governance and human security. UNDP has responsibility for co ordination among UN agencies on Outcome Three. UNDP Somalia s CPD focuses on four main outcome areas: i) Somali women and men are better able to manage conflict and build peace, ii) Somali women and men benefit from more inclusive, equitable and accountable governance, improved services, human security, access to justice and human rights, iii) Somali women and men benefit from increased livelihoods opportunities and improved natural resources management; and iv) Somali women and men attain greater gender equality and are empowered. The CPD commits UNDP to making programmes more contextually sensitive, considerably more integrated, and reinforces peace building and the promotion of gender equality within all development programming. The Integrated Strategic Framework (ISF) for Somalia, which was initially envisaged to run from April 2011 to May 2012, has been extended until December The ISF defines the UN s priority strategic objectives that focus on peace building across the whole of Somalia, thereby aiming to achieve an integrated approach among the UN Country Team, the UN Political Office in Somalia (UNPOS) and the UN Support Office for AMISOM (UNSOA). Among four strategic objectives, UNDP and UNPOS jointly lead on two. Firstly, as also specified in UNSAS Outcome 3, the UN will help ensure that governance structures and processes function more effectively to incentivise peace with social justice. Secondly, the UN will seek to enable the improvement of community safety and security in areas of TFG control, Somaliland, Puntland and emerging administrations Alignment with National Priorities Within Somalia s diverse contexts, UNDP makes every effort to align support to the needs and priorities of national partners; hence the programmatic interventions here have been derived from an analysis of how UNDP can support the key national planning frameworks including: The Road Map for Ending the Transition, September 2011 Garowe I Principles: Somali National Consultative Constitutional Conference, December 2011 Garowe II Principles: Second Somali National Consultative Constitutional Conference, February 2012 Puntland Priority Needs Somaliland Development Plan 5

14 1.5. Evolution of the Rule of Law and Security and Governance Programmes The UNDP Somalia Rule of Law and Security Programme (ROLS) was established in 2002 to support the delivery of security and protection under the rule of law for all Somalis. The programme has recently completed its third phase ( ) where it implemented its strategy through the following projects: Civilian Police, Access to Justice, Custodial Corps Services, Disarmament, Demobilisation and Reintegration (DDR), Small Arms Control (SAC) and Mine Action. Gender and human rights were integrated into all the project plans. In the course of the programmes implementation, responsibility for mine action and custodial services were handed over to other specialized UN Agencies as they became operational i.e. UN Mine Action Services (UNMAS) and the UN Office on Drugs and Crime (UNODC). Furthermore, in 2008, following an external assessment, strict DDR activities were phased out in Somaliland and Puntland, and replaced by a youth centred community security/armed violence reduction strategy and project. 9 Formerly known as the Governance and Financial Services Programme ( ), the UNDP Somalia Governance Programme was established in Over the past three years ( ), the programme has worked through three projects: the Somali Institutional Development Project (SIDP) 10, the Joint Programme on Local Governance and Decentralized Service Delivery (JPLG) 11, and the Somali Constitution Making Support Project. In 2009 a project on civil society was established and subsequently integrated into other projects. The governance and rule of law programmes have been implemented in all three regions in Somalia, with a differentiated approach responding to the particular political and conflict characteristics of each region. In Somaliland and Puntland, the programmes have maintained a consistent presence with a combination of national and international staff implementing a wide range of project activities with governmental and non governmental counterparts in a direct execution modality. In South Central Somalia, the prevailing security conditions over the past three years, alongside UNDP s support for the TFG, have meant that its activities were, until late 2011, largely limited to six districts in Mogadishu. In order to support the constitutional development process, UNDP has worked directly with TFG partners and the Transitional Federal Parliament from Nairobi. In August 2011, the Governance and Rule of Law and Security (ROLS) programmes were merged to form one Governance and Rule of Law (GROL) Programme Findings of Evaluations and Reviews There have been a number of evaluations of UNDP s engagement on governance, rule of law and security programming. Evaluation of SIDP, February 2012: An independent evaluation was conducted of the SIDP in late 2011, covering the period 2008 to The evaluation concluded that in order to make progress on programme outcomes as outlined in the CPD, SIDP required a clearer, strategic approach and greater ownership by counterparts. In the key areas of public financial management, development planning and aid coordination, and civil service reform, the recommendation was that assistance provided to partners 9 This reflects UNDP s increasing attention to issues of community security. See Community Security and Social Cohesion: Towards a UNDP Approach. Bureau for Crisis Prevention and Recovery, UNDP, December Somali Institutional Development Project: Project Document , UNDP Somalia, August The Joint Programme on Local Governance and Decentralized Service Delivery: Project Document Alain S Thery, Andrea Amici, Evaluation of the UNDP Somali Institutional Development Programme, SOFRECO, February

15 must be more appropriate in responding to each institution s needs. The evaluation also concluded that for these key thematic areas, other implementation mechanisms aside from letters of agreement should be used for implementation. Mid Term Review Executive Summary of the UN Joint Program on Local Governance (April/May 2011) The overall conclusion of this review is that the program is extremely relevant to the current conditions of Somalia and it is showing how localized solutions could be found to the challenges of peace and development in the country. It recommends, therefore, that JPLG be extended beyond the end of 2012 when its current phase expires. The review states that the JPLG should consider playing a stronger technical role in helping the federal authorities articulate a vision of the sub national system of governance and public administration, which would greatly facilitate a national agreement on the federal constitution. Greater efforts need also to be made to ensure that the new policy awareness that JPLG is creating in counterpart institutions, on issues of gender equity and women empowerment, translates into actual mainstreaming of gender in the processes of local government policy making and implementation. The on going review (2012) of the UN JPLG will further inform the next phase of UNDP s contribution to the JPLG. Evaluation of the ROL III Programme, November 2010 by an independent team of consultants. 13 This team was tasked with undertaking a broad evaluation of the third phase of the ROLS Programme ( ) and to make recommendations for its further development. The evaluation reported that the ROLS Programme has had positive impact on security and justice provision in Somalia. The programme and its three component projects (access to justice, civilian police and armed violence reduction), have been extremely relevant to the Somali context. At the overall outcome (impact) level, the evaluation reported some important achievements in improving security and protection under the rule of law 14 for Somali citizens. 15 The evaluation team felt, however, that impact at the community level in improving the delivery of policing services to citizens had not yet been achieved. The evaluation team recommended that the ROL Programme should address the following issues: Ensure the programme is better informed by an analysis of the political economy, conflict and drivers of change, as well as baseline assessments; develop increased areas of synergies and joint work across projects; pursue an area based approach, focusing on districts prioritized by the UN Joint Project on Local Governance (JPLG); work with both the formal and informal justice and security systems and empower citizens (in particular, women and youth) to participate in the construction of improved systems of justice and security. Furthermore, whilst acknowledging that armed violence reduction and community security efforts were initiated more recently and have significant potential, they were not yet at a stage where change is being felt by the target beneficiaries. Assessment of Development Results, 2010: In July 2010, UNDP s Evaluation Office published its final report following an independent country level evaluation of UNDP Somalia the Assessment of Development Results (ADR). The report noted that the regional diversity of Somalia was not sufficiently reflected in UNDP programming. The evaluation further criticized the silo approach among the three main programmes (Governance, ROLS and RSL). This resulted in UNDP missing opportunities for 13 Eavis, P, Hills, A, McLean, A & Mennen, T. Evaluation of the ROL III Programme. 15 th November, The stated overall goal or intended outcome of the ROL III Programme is improved security and protection under the rule of law for all Somalis. 15 There are significant improvements in the delivery of judicial services in some areas. For example in Hargeisa, there has been a doubling of cases through the Hargeisa District Court and a four-fold increase in legal aid cases. Police support has emphasised strengthening the police as a community-oriented institution through building police stations, training and equipping officers, and establishing communications infrastructure. 7

16 leveraging synergies between the programmes. Finally the report noted UNDP s weak analytical capacity to analyse the Somali context. To address these challenges, the ADR recommended that UNDP focus its activities on the organization s core activity of promoting human development and find an alternative provider for services on political processes or for simple administrative functions which were not central to UNDP s mandate. It also recommended that programmes be region specific, that UNDP to increase its analytical capacity, that programmes be more coherent and synergies between them enhanced, that there be increasing staff presence in the field as security permits, that UNDP s monitoring and evaluation capacity be strengthened and supported by results based programming, and that UNDP develops and implements a gender strategy for Somalia. These findings along with other relevant evaluations 16 have informed the development of the GROL Programme and lessons have been addressed in this programme strategy by: The merger of the previously separate Rule of Law and Security (ROLS) and Governance programmes into the new Governance and Rule of Law (GROL) Programme The development of a programme strategy based explicitly upon UNDP s core development mandate and reference to the organisations comparative advantage in Somalia and globally Articulation of region specific strategies for project implementation in response to the varying degrees of development across Somalia A program versus project approach to programming to drive a cohesive and complementary strategy, based upon a clear commitment to a gender and a human rights based approach. 2. STRATEGY, PRINCIPLES AND CROSS CUTTING ISSUES The present programme document has been prepared in the context of the UNDP Country Programme Document (CPD) , and in the light of the new political developments in Somalia including the constitution and institutional arrangements for Somalia. The Governance and Rule of Law Programme will be guided by a single governance and rule of law strategy and a single programme document ensuring coherence within and between components, whilst being soundly based on the CPD. This coherence will be consolidated through annual work plans based upon the program strategy and principles. This merger of the Governance and ROLS programmes will (i) facilitate closer synergies between projects in furtherance of the CPD outcomes (ii) promote a coherent capacity building approach across government institutions (iii) enable greater flexibility in the development of specific projects, strategies and annual work plans responding to emerging priorities whilst maintaining programmatic coherence (iv) allow for a more cost efficient management system through a leaner and more stream lined programme team, and (v) enable improved monitoring and evaluation of programme impact and outcome level results. 16 Evaluation of the UNDP Strategic Partnership with Somalia, Adam Smith International, June Assessment of Development Results, Evaluation Unit, UNDP, July Molloy, Desmond, Evaluation of DDR-SAC Project, September 2008, BCPR, UNDP. 8

17 2.1. Strategy UNDP s strategy is to ensure that its work in governance and rule of law, at federal, regional and district levels, contributes to state building by ensuring that all programme components contribute to a country led and country owned transitions out of fragility. 17 UNDP understands state building to be the process of building responsive, functioning and accountable government structures, in support of an endogenous process to enhance capacity, institutions and legitimacy of the state driven by state society relations. 18 This programme recognises the impact of violence and long term institutional fragility on Somalia s human development. On the ground delivering results, before, during and after crisis, UNDP seeks developmental solutions to the causes and drivers of conflict. As a partner to the Somali government and population, UNDP is a partner in the long term concerns of building state legitimacy and capacity, whilst working to ensure that the causes and drivers of conflict are addressed and managed. 19 With the ability to draw on its global networks and experience, and with program teams present across Somalia, UNDP has the capacity to deliver transformative programmes at scale, ensuring that improved institutions impact on the development potential of every Somali. In a context where governance and rule of law is curtailed not solely by capacity but equally by nascent state structures having to compete with communities, traditional leaders, militias, and other elements for the resources and authority to govern effectively, an approach which is led and owned by Somali communities and authorities is essential. 20 This programme, therefore, integrates a peace building approach which supports processes of confidence building and empowerment. Interventions under this programme will actively seek to address the causes of conflict and enhance local capacities for conflict management, and cultivate a high degree of local ownership by drawing on traditional decision making processes, ensure broad based participation, including by finding ways to engage with spoilers. Somali citizens and communities, especially women and youth, will be supported to better articulate and act upon their own needs, and therefore, to better engage with government, push for positive change and increased accountability, and improve consultative delivery of services from both central and local government. Over the next four years, UNDP s work in governance and rule of law will not work in isolation, but will be part of the broader and larger scale international community s aid coordination efforts and assistance strategies for Somalia. In accordance with the New Deal for Engagement in Fragile States 21, UNDP s work will be guided by peace building and state building goals which will foster inclusive political settlements and conflict resolution, establish and strengthen citizens security, address injustices and increase people s access to justice, ensure that revenue is accountably managed, and that capacities for accountable and fair service delivery are built. Through the GROL Programme, UNDP s support to governance and rule of law will be in line with Somalia s plans and priorities; ensuring national ownership and Somali led interventions. UNDP will work towards building Somalia s planning capacities and providing the requisite tools for the development of national plans. National planning processes and aid coordination efforts will be supported towards the achievement of priorities as outlined in development plans. 17 New Deal for Engagement in Fragile States. November, Supporting Statebuilding in Situations of Conflict and Fragility: Policy Guidance, DAC Guidelines and Reference Series OECD 2011, 19 Supporting Statebuilding in Situations of Conflict and Fragility: Policy Guidance, DAC Guidelines and Reference Series OECD 2011, 20 See Policy Summary: Shaky foundations: An assessment of the UN s Rule of Law Support Agenda, Kavangh, C. and Jones, B. NYU Centre for International Co-operation, Nov At the Fourth High-Level Forum on Aid Effectiveness in Busan, a number of countries and international organisations endorsed an agreement on a new global direction for engagement with fragile states. The New Deal sets out five goals legitimate politics, justice, security, economic foundations and revenues and services to give clarity on the priorities in fragile states. 9

18 The programme strategy also draws on lessons and guidance from UNDP s past experience both globally and in Somalia, including UNDP s lessons on supporting governance in fragile states recently captured in the Governance for Peace framework. 22 This framework recognises UNDP s extensive experience in fragile and conflict affected settings, and highlights four objectives that should influence and shape UNDP s governance strategies in the coming years: Strengthen responsive institutions that build on available capacities to deliver essential functions and enable minimum standards of service delivery; Promote inclusive political processes and facilitate state society dialogue through institutions of political governance; Foster a resilient society by mobilising local capacities to adapt and cope with stress and crisis; Strengthen partnerships with national and sub national government counterparts, representative civil society organizations, international financial institutions and the wider system of UN agencies in order to deliver in more coordinated, coherent and complimentary ways. 23 This framework defines UNDP s role in fragile environments as a service provider and source of technical assistance working to build confidence in the state by deeply enmeshing it within society with the objective of reinforcing the social contract. UNDP understands the social contract to be a dynamic agreement between states and societies on their mutual roles and responsibilities. A social contract is forged on the basis of an agreement arising from the interaction of elites and citizens. It is credible when it adequately reflects citizen's expectations and the state's capacity to meet these expectations. It demands the willingness of elites to allow the allocation of resources and capacity in accordance with these expectations. 24 In Somalia this will be done in four ways: 1. External initiatives which focus exclusively on peace negotiations have not forged sufficient consensus on issues of state structure, process and institutions. 25 UNDP will therefore work with partners to support inclusive political settlements nationally and regionally around state functions and responsibilities to ensure that political consent extends beyond principles into implementation modalities. UNDP will assist the constitutional development process, and support regional and national partners to develop the capacity of parliament to provide legislative and oversight functions. Throughout these activities, UNDP will ensure that the Somali population is aware of and has confidence in, the political settlements being established in their name at federal and regional level. This includes supporting the establishment of Somali electoral management capacities when required. UNDP recognises that within the political economy of Somalia, institution building cannot be fully distinguished from on going processes of national and local peace building, and will work closely with partners to ensure that this support is effectively coordinated and risk around these processes collectively managed. 2. For the United Nations, the rule of law refers to a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with 22 This strategy further draws on several other sources of analysis, in particular; the UN SG s Report on Peacebuilding in the Immediate Aftermath of Conflict, and in particular the on-going UN Lessons Learned Study on Public Administration and Local Government, the World Bank s World Development Report on Peace, Security and Development ; the forthcoming UNDP report on Supporting Capacity Development in Conflict and Fragile Contexts and the OECD Guidance on Statebuilding in Situations of Conflict and Fragility. 23 UNDP (2011). 24 Ibid. 25 Ken Menkhaus, Conflict analysis: Somalia. UNPOS. December

19 international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision making, legal certainty, avoidance of arbitrariness and procedural and legal transparency. 26 Engaging in programming to support the establishment of the rule of law and the promotion of security for all Somalis, through responsive institutions and empowered communities, is a direct response to phenomena which foster fragility, undermine governance structures and promote continued instability. These include: conflict between communities and regions, displacement and its associated injustices, organised criminality, piracy and terrorism, violations of human rights, oppression of women, and the prevalence of small arms in the hands of civilians, gangs and militias rendering armed violence a daily challenge. The programme will work coherently across the criminal justice chain specifically the police and (state and traditional) justice services to strengthen Somali capacities to meet criminal justice demands, including for serious crimes such as piracy. 27 Given the challenges faced by the state at all levels, including the existence of some state less areas, the programme will balance its work with state security and justice institutions on the one hand, through increased engagement with communities, nonstate actors and traditional leaders. 3. The program recognises that Somalia s wars are not synonymous with state collapse. 28 Properly understood, Somalia does not suffer from a lack of governance, as is attested by the thriving private sector, resilient communities, and relatively effective functioning of administrations in Somaliland and Puntland. However, the absence of functioning government institutions mediating and prioritising between competing interests and needs in delivering public goods has unquestionably been a central factor in the country s chronic vulnerability to armed conflict. This programme will, therefore, support a capable and responsive public sector, with a focus on strengthening core functions and systems including civil service, planning and public financial management (PFM) systems at national, regional and local level. This support will advance institutional development, whilst fostering the required space and confidence at different levels of government to identify and act upon priorities for broader reform. 29 Recognising that national ownership is essential to this process, UNDP will build commitment to reform and support sector coordination in this area by providing analysis to enable a positive spiral of reform and development. 30 A central principle of this support will be assisting national partners to build accountability and oversight into public institutions. 4. Finally, this programme recognises that state building and peace building approaches require resilient state society relations. 31 The GROL Programme will balance its work with state institutions and political processes, and engage with communities, non state actors and traditional leaders working to foster a resilient society. This will be done through simultaneous engagement to support basic and security service provision through local governments, as well as by identifying innovative ways of bringing the 26 (S/2004/616) Report of the Secretary-General on the Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies. 27 Any sustainable solution to the problem of piracy requires a significant level of investment in the national capacities to run an effective criminal justice system in Somalia. This includes the development of legal frameworks, and strengthening of investigative, prosecutorial and adjudication capacities. The programme will focus on enhancing these capacities to ensure fair trials and due process to those suspected of serious crimes, including piracy. 28 Ken Menkhaus, Conflict analysis: Somalia. UNPOS. December The UN is currently leading a lessons learned exercise on Public Administration and Local Government in the Immediate Aftermath of conflict. 30 World Bank (2011). World Development Report Conflict, Security and Development. 31 See Supporting statebuilding in situations of conflict and fragility, OECD Policy Brief. OECD The International Dialogue on Peacebuilding and Statebuilding and the OECD also view the process of statebuilding developing alongside, as part of, and in a mutually supportive relationship with, peacebuilding. 11

20 population into participatory processes, and the actual delivery of services, with a particular focus on supporting community based organisations and representatives from marginalised groups. Somali citizens and communities, especially women and youth, will be supported to better articulate and act upon their own needs, and therefore, to better engage with government, push for positive change and increased accountability. Well designed community led initiatives can enhance legitimacy of central and local governments. 32 This strategy recognises that empowering Somali citizens, especially women and youth, to demand change and access to state services is essential for building confidence in state structures This strategy presents UNDP s commitment to shift from a project to a programmatic approach targeting outcome level impact. UNDP will consolidate its technical expertise and delivery capacity in programme areas, and actively seek partnerships in areas outside of its core focus. Working through statebuilding teams, deployed to UNDP offices in Mogadishu, Garowe and Hargeisa, UNDP s interventions will take a regionally differentiated approach. This will mean implementing the programme differently in each region and ensuring that governance, security and justice interventions are specifically tailored to meet the needs of each region. Regional strategies and implementation modalities will be detailed in annual workplans at the project level, based on a deep awareness of the political economy, social structures and conflict dynamics. To maximise impact UNDP will progressively pursue an area based approach with the aim of multi layering programme interventions, across sectors, in the same geographical location to achieve a multiplier effect. As capacities are developed by the TFG, or regional governments, UNDP will progressively transfer responsibility for results to national partners. This strategy notes, with caution, that the transition from fragility in Somalia is a long term endeavour. Somalia s transition requires multiple transition moments, and proactive investments in confidence and consensus building to allow for sufficient time and space for locally driven solutions to develop. 33 Achievement of programme outcomes will require sustained and coherent support. This programme works to advance Somalia s transition from fragility, whilst ensuring the overall legitimacy of this process is built by progressively bringing together institutional development and political dialogue with society to foster a responsive, inclusive and resilient social contract between state and its population. 34 In this process, progress is not anticipated to be linear, and reversals can be anticipated. UNDP commits to building and safeguarding core capacities whilst enabling national partners to take ownership and leadership of the recovery process. Given the four year timeframe of the programme, it is envisaged that the programme strategy will be regularly re assessed and will evolve in response to developments on the ground and lessons learned. While the overall objective and programme outcomes will remain throughout the four year period, the programme is designed to accommodate flexibility to respond to patterns of stability and crisis and is able to respond to new opportunities to engage with new actors, for example, emerging administrations in South Central Somalia (see section 5). Any decision to respond to such opportunities will be informed by a thorough conflict and political economy analysis. 32 DFID Somalia, Governance and Peacebuilding Theory of Change, p 11, June World Bank (2011). World Development Report: Peace, Security and Development. Washington. 34 UNDP (2012). Governance for Peace: Securing the Social Contract. New York 12

21 2.2. Principles Project and activities developed as a result of this programme, will explicitly make reference to the following three principles. UNDP has recruited dedicated advisory capacity in these areas, supporting senior management and programme teams to assure a consistent approach and adherence to these principles. National ownership: UNDP will ensure that the governance and rule of law programme reflects national perspectives and is linked to the country s national, regional and local development plans and policies. The programme will, as much as possible, rely on national expertise and capacities; ensuring that processes are participatory and work towards building national credibility and ownership; such that Somalis take charge of their own development. Furthermore, the capacity of administrations will be built and developed such that they are able to exercise authority over their own development policies and activities. Conflict Sensitivity: In light of the differing and changing political and security contexts in the three regions, the programme will be informed by a clear macro analysis of the political economy, conflict risks, and drivers of change in each region. Such an analysis will be complemented by regional and district level rule of law, justice and security baseline assessments, and will essential to inform programme interventions and risk management strategies. Due to the importance of conflict sensitivity in the Somali environment, a detailed plan for conflict sensitivity has been elaborated in Annex C. 35 Human Rights and Rights Based Approach: The GROL Programme will adopt a human rights based approach. It will actively work to strengthen formal and traditional rule of law institutions knowledge of human rights principles and the responsibilities of these duty bearers to uphold the respect for human rights and protect communities. At the same time, the programme will work with women, youth and communities to increase knowledge and understanding of their human rights, encourage these rightsholders to claim their rights, and for duty bearers to meet their obligations. The programme will be implemented in line with the UN Human Rights Due Diligence Policy of Cross Cutting Issues South South Cooperation: The programme will encourage learning and exchange of experiences with other countries from the global South on critical security and justice issues, including gender equity in the context of customary law. The programme will draw upon UNDP s global network of county offices to identify useful practices from other Islamic countries or countries/regions with plural justice systems. Experiences will also be sought on legal empowerment practices from across Africa with the participation of Somali authorities and civil society. A pilot exchange will take place in 2012 between partners and project officers in Somalia and East Timor around the theme Women s Access to Justice in Contexts of Legal Pluralism. Gender Equality and Women s Empowerment: The advancement of gender equality, including women s participation in decisions that affect their safety and security is a crucial element of post conflict recovery efforts in Somalia. This is consistent with the international community s commitment to these issues as expressed in UN Security Council Resolutions 1325 (2000), 1820 (2008), 1888 (2009) and 1960 (2010).The 35 UNDP Somalia is currently developing programmatic guidance on applying conflict sensitivity across all programme areas, including governance. 13

22 programme places a strong emphasis on strengthening women s security and access to justice, and empowering women to advance gender equality. Gender initiatives will be mainstreamed throughout the CO programme in collaboration with the Gender Unit. 3. PROGRAMME OUTCOMES AND OUTPUTS 3.1. Programme Outcomes The programme will primarily work to achieve Outcomes 1 and 2 of UNDP Somalia s CPD whilst contributing to progress against Outcomes 3 and 4. Primary Outcomes: Outcome 1: Somali men and women are better able to build peace and manage conflict. Outcome 2: Somali women, men, girls and boys benefit from more inclusive, equitable and accountable governance, improved services, human security, access to justice and human rights. Secondary Outcomes: Outcome 3: Somali women and men benefit from increased sustainable livelihood opportunities and improved natural resources management. Outcome 4: Somali women and men attain greater gender equality and are empowered 3.2. Programme Outputs The outputs outlined below have been organized around the relevant CPD areas in order to ensure that the programme is able to measure its progress and impact in reaching the overall outcomes of the CPD. A detailed table is available in Annex D identifying the results reporting of each pillar of the programme. Outcome 1: Somali men and women are better able to build peace and manage conflict Enhanced policy dialogue, advocacy and development responses to the conflicts Conflict analysis and research capacities further developed in partnership with local stakeholders Leadership and technical capacities developed through enhanced experience and learning exchanges, particularly through South South partnerships Enhanced conflict resolution, mediation, responsiveness and dialogue capacities of authorities Improved capacity of religious and traditional authorities and civil society, particularly youth and women s organizations to engage with government and participate in dialogue, conflict management and peace building processes Communities are better able to ensure safety and prevent violent conflict at the local level, including over natural resources Structures and processes established or strengthened for cross zonal and inter clan dialogue and collaboration 14

23 1.3.1 Peace building, state building and democratization enhanced by awareness raising on principles of federalism, decentralization and devolution of authority from central to regional, state and local government Citizens have better understanding of their rights under the constitution, sub national constitutions, local and international laws Outcome 2: Somali women, men, girls and boys benefit from more inclusive, equitable and accountable governance, improved services, human security, access to justice and human rights Enhanced capacity of public institutions for legal research and drafting to ensure that Constitution and legal reforms have broad public support Strengthened democratic political processes Improved functional capacities of public servants and institutions to design and implement public sector reforms including administrative law and process Institutional arrangements and accountability mechanisms developed that improve the effectiveness, responsiveness and transparency of the public sector, particularly in the area of public integrity and anticorruption Enhanced capacity of parliamentarians to carry out their core legislative, oversight and representation functions, particularly civilian oversight of the security sector Increased public awareness and oversight of political decision making processes, particularly strengthened oversight and accountability of the security sector by civil society Institutional mechanisms and oversight arrangements developed in accordance with the constitution and legal frameworks for the promotion of human rights and women s security Strengthened institutional and technical capacity of police services in Somalia utilizing community and rights based approach Improved credibility, efficacy and independence of the judicial system Enhanced capacity of judges, lawyers and other adjudicators to reconcile and harmonize the various legal and customary rules, practices, and systems with international human rights and national constitutional and legal reforms Capacities of local authorities developed and regulatory processes established or strengthened to ensure accountable provision of services Establish and strengthen access to justice and legal empowerment for vulnerable groups including women and IDPs Outcome 3: Somali women and men benefit from increased sustainable livelihood opportunities and improved natural resources management Local economies revitalized and sustainable livelihood opportunities provided to women, youth, ex combatants and other vulnerable groups through micro finance, vocational skills training, small and micro enterprises and other identified opportunities to establish and enhance cooperatives and business associations Community based social, economic and productive infrastructure rehabilitated in a sustainable manner Short and long term employment opportunities created for skilled and unskilled Somalis 15

24 Outcome 4: Somali women and men attain greater gender equality and are empowered Leadership, technical skills and advocacy capacity of women enhanced to promote gender equality Targeted advocacy campaigns developed and dialogue spaces created on women s rights and role in society Organizational capacity of women s groups and networks strengthened to advocate for gender equality, including across zones Furthermore, in central areas of the programme, further, non CPD outputs have been identified to ensure effective results reporting Draft Constitution based upon consultation with civil society and negotiations with key stakeholders completed and ratified (non CPD output) Public revenue increased and managed in a transparent and accountable way (Non CPD output, but responds to 2.2.2) External aid is effectively and transparently coordinated, managed and used according to national and local planning processes (Non CPD output) Quality of policing and service provision at community levels improved (non CPD output, but refers to 2.4.1) Professional police training, mentoring and career structure established (non CPD output, but refers to 2.4.1) Civilian oversight and institutional capacities, including payroll management, of civilian police strengthened (non CPD output, but refers to 2.4.1) 4. THEMATIC AREAS Guided by the Somali planning frameworks (section 1.2), the strategy, principles and cross cutting issues (section 2), and the findings of previous evaluation (section 1.5), the programme will focus on six thematic areas which are closely inter related, mutually reinforcing and all equally essential to the strengthening of governance and rule of law in Somalia. These thematic areas bring together similar outputs contributing to the programme outcomes. These result areas: 1. Fostering Inclusive Political Processes 2. Strengthen Core Institutional Functions and Systems 3. Improving Access to Justice and the Judicial System 4. Strengthening Police and Security Sector Governance 5. Enabling Resilient Local Governance and Service Delivery 6. Enhancing Community Security and Resilience The six thematic areas break down further into project outputs, which are described in detail in this chapter. The linkages between thematic areas, programme outcomes and outputs are clarified in Table 1 below. 16

25

26 Under this pillar, UNDP will work with other relevant actors and partners in achievement of Sub outcome 2.1 of the CPD: Mechanisms for the transition to democratic and accountable structures and systems of governance designed and implemented, as well as sub outcome 2.3: The capacities of parliamentary and civil society actors strengthened for effective and accountable government oversight. The following outputs will be pursued: (a) Draft constitution based upon consultation with civil society and negotiations with key stakeholders endorsed In line with the Roadmap, in the immediate term, the programme will focus primarily on the following four priorities: i. The final content of the constitutional framework is agreed to by key stakeholders, especially regarding outstanding political issues such as the process of federating, boundaries, citizenship, land and property, and finalising the draft constitution for provisional adoption. ii. The provisional adoption of the provisional constitution, in line with the Roadmap, Garowe I and II, as well as the Galkayo Agreements. iii. A plan for a phased approach to implementation of the provisional constitution during the first fouryear term of the new parliament is identified and set out in the provisional constitution. iv. Support to the traditional leaders led selection processes attendant to standing up the National Constituent Assembly, the nascent electoral commission, now called the Technical Selection Committee, as well as the new Federal Parliament itself, to promote credibility, transparency and legitimacy of the new constitutional and political dispensation to be ushered in by August v. Phase appropriate civic education on the text and the process. (b) Enhanced capacity of Parliament to carry out core legislative, oversight and representation functions Federal and regional parliaments will play dispositive roles in the post constitutional adoption period. The federal parliament will not only need to oversee the constitutional review process that will continue beyond adoption, but will need to pass constitutionally mandated, implementing legislation required to move the country to the next stage of full, democratic transition. In addition, the federal parliament will need to engage in a process of harmonization of existing sub national constitutions, namely Puntland, Galmudug (quasi state, but already fully recognized under Garowe I) and possibly Somaliland, with the federal constitution. This will be a highly nuanced and complex period of time, requiring agreement on what is contentious and requires further review; what must be pursued by way of immediate legal reforms to implement the agreed provisions of the constitution and prepare the country for full transition; and negotiations with existing sub national entities on constitutional provisions. The regional parliaments, or, rather, those which choose to join in the new federal structure, will need to harmonize their sub national constitutions to come in line with the federal constitution. Given the history underlying the sub national state formation process in Puntland and Somaliland, and secessionist tendencies in both zones, this is bound to be a sensitive and delicate process. It is made even more complex by the insistence of those currently operating at the federal level and in unincorporated areas that Somali federalism is symmetrical, and not asymmetrical. The latter form may allow greater flexibility to accommodate the unique circumstances of Somaliland and Puntland. Somaliland presents a significant potential caveat, of course, given that it has been pursuing a secessionist course of full independence for some time now. In addition to these vertical tasks, the regional parliaments must pursue their own, state based constitutional implementation and legal reform. 18

27 Parliaments and parliamentarians have a critical role to play in Somalia s divided context today. Ideally, the legislature is intended to be the venue for the debate and discussion of issues of national importance, including not only proposed laws, but government policies and other issues of public interest. Potential sources of conflict can be aired, debated and addressed publicly and in a bi /multi partisan manner. In a conflict setting, this role for Parliament becomes even more crucial. The dual processes of peace building and state building can be facilitated by the legislature, for example, through the passage of laws and policies in support of reconciliation and peacebuilding efforts and the strengthening of regulatory and institutional frameworks to bring back the state. They can also occur within the legislature, for example, through support for multi party dialogues on contentious issues and/or by bringing members of the community into the dialogue process through transparent, public national debates and discussions in the parliamentary chamber. Parliaments provide a public space to build political consensus amongst ruling elites. They also provide an opportunity for opposing interests to come together, thereby enhancing inclusiveness; this is especially important in contexts of exclusion and with violent pasts. This sub pillar will focus on strengthening the legislatures (federal and regional) to pursue compromises and participate in making decisions and reaching consensus on contentious issues of national policy through the legislative and committee processes, and serve as an effective oversight body over the executive which could ignore or abuse minority interests if unchecked. This output will develop specific support to facilitate the inclusion of populations in political processes, including through looking at issues of effective and clean campaigning with a strong emphasis on accountable, issue based leadership and non corrupt, conflict sensitive campaign practices. It will also set up mechanisms to ensure that civil society is involved in ensuring the accountability of political parties, and that more marginalised groups, specifically women and children, participate in political processes and dialogue. The Somalia Country Office will draw on UNDP s global expertise and resources on parliamentary development including the global programme for parliamentary strengthening and the Arab region s programme on parliamentary development. UNDP s comparative advantage in parliamentary support is (i) long term engagement which allows it to develop strong working relationships and trust to tackle more complex issues; and (ii) supporting coordinating efforts of partners for more strategic impact and/or drawing on other expert organisations as appropriate. Partnership between civil society and legislatures will also be prioritised while the CSOs and community groups will also be provided the necessary facilitation skills to engage with their parliamentarians to ensure public participation and achieve accountability. UNDP will work to enhance law making and legislative drafting including supporting public participation in the legislative process. This output will also strengthen the priority parliamentary committees who are responsible for key reform issues (i.e. PFM, PAR, and anti corruption). This output will set up a capacity development strategy by undertaking a detailed parliamentary needs assessment with regard to their capacities in law making, accountability, engagement throughout the law making process, mediation and conflict resolution of parliamentary institutions (e.g. committees, task forces, and secretariat). Key activities of the strategy following the assessments of existing capacities will constitute the base for development of strategic plans for the two regional legislatures and the federal parliament. The plans will outline the visions for the legislatures and include multiyear approaches, which will be followed to enhance their capacities and roles in the legislative process. These strategic plans will be developed in close coordination with all international partners and serve as the base for closer partner coordination, as well as for future resource mobilization. Based on the strategy, the programme will train MPs on substantive issues, including dialogue, mediation and conflict resolution (noting they already have traditional mediation skills/roles). Mechanisms will be established to ensure the parliament works with other agencies within the Executive, holding regular consultation on key legislation. 19

28 The programming strategy includes responding with technical assistance and delivery of mechanisms to establish key functions needed to address legislative priorities, building linkages with key stakeholders for inclusive and participatory processes. Special focus will be put on inclusion of women and youth, including building their leadership skills and capacities to engage in political processes. Given the Somali context, including a dynamically changing political process and unpredictable security conditions, implementing the output will be guided by a set of programming principles, which will include: i. A strong emphasis on linkages between other governance and broader UNDP programmes, ensuring the capacities are utilized best, in an effective and complimentary way in support of legislation processes, civic education and women and youth empowerment ii. Ensuring a strong degree of flexibility, with targets aligned with scenarios resulting from status of political settlement and establishment of parliament as the law making body and a platform for enhancing national dialogue on key policy priorities. iii. Placing staff within the parliaments national and international when security conditions permit iv. Ensuring that all policy process support is accompanied by capacity building, with continued mentoring/tot/other mechanisms ensuring sustainability v. Use of regional civil service expertise/placements when possible vi. Ensuring that consultation processes and outreach/dialogue platforms and mechanisms between the institutions and citizens, follow a bottom up approach, ensuring that connections with regional and local level are e\established (directly or remotely, depending on security) vii. Regular review of priorities, considering the limited absorption capacity of supported institutions, including close coordination with other partners on the ground In the long term, commencing immediately after the provisional adoption of the new constitution, the programme will focus on the following: i. Implementation of the new constitutional framework in a timely manner by the end of the first fouryear term of the new parliament through support to drafting constitutionally mandated implementing legislation on subjects that are agreed to be ripe for legal reform. ii. Review of the new constitution against UN norms and standards, in light of the fact that several constitutional level and contentious issues will be left open for further deliberative and consultative processes prior to finalization of the text through a national referendum in iii. Assistance towards finalization of the constitutional text in preparation for ratification by referendum. iv. Public awareness/civic education campaign and further consultations undertaken to ensure inclusive debate and engagement on the provisional constitution (c) Democratic political processes strengthened (electoral system development) In August 2010, in response to TFG s request for election assistance, the UN s Electoral Assistance Division (EAD) carried out an Electoral Needs Assessment Mission to review the environment and the needs in terms of election preparations for a constitutional referendum and elections as envisioned in the TFC. 36 The mission concluded that 1) it was hard to contemplate a nationwide referendum to adopt the constitution, unless the security situation improves dramatically; 2) it was impossible to envisage holding general elections country wide in Somalia by August 2011, given the security situation in south central Somalia and due to expected political 36 Report of the Electoral Needs Assessment Mission. Somalia. August

29 resistance from the local authorities of Somaliland and Puntland; and 3) under the current security conditions a full fledged country wide census exercise cannot be envisioned. 37 The electoral mission recommended alternative measures in order to give the constitution greater legitimacy and eventually put in place a new parliament and government that would govern Somalia with greater legitimacy and accountability. The mission specifically recommended three areas that would require UNDP intervention: Support to the transitional process: Establishment of a small unit responding directly to the SRSG or DSRSG. Election support: Creation of an Independent Federal Electoral Commission (IFEC). This is one of the tasks that the TFG was supposed to accomplish before the end of the Transitional period as per the Charter. Legislative support: The TFIs will need support to develop post transition provisions in the constitution. Legislation will also need to be drafted to allow for the creation of the IFEC and any other electionrelated commission. In addition, legislation on political parties, the media, and civil society will need to be drafted and adopted. Given these recommendations and in light of the adoption of the Roadmap for Ending the Transition the GROL Programme will calibrate its electoral system development to the unfolding developments and opportunities on the ground. Support to the Somaliland electoral process will need to be determined on the basis of the UN s position on the recognition of the independence of the Somaliland, the comparative advantage of UNDP and the available spaces as well as the risks that are involved in such interventions. The programme will support the establishment of the legal framework and operational capacity for elections in Somalia once the transition ends and the constitution is adopted. As a sub set of the federal electoral framework, the programme will support the Puntland Electoral Commission (PEC) so that it is able to adequately perform its pivotal role in setting up the democratic election process in Puntland. The programme will work with PEC to hold dialogues with MPs (in partnership with parliamentary sub pillar) on building a more democratic political environment, including through establishment of political parties, the development of political party legislation and support to public awareness/civic education campaigns. 4.2 Strengthen Core Institutional Systems and Functions Recognising that reform requires consensus at different levels of government, UNDP will invest in strengthening core capacities and systems at national, regional and local level, whilst supporting federal and regional leadership to establish clear priorities and plans for the implementation of broader institutional development initiatives. A central principle of this support will be assisting national partners to build responsiveness, accountability and oversight of public institutions. The objective of pillar is to build capable and responsive institutions which assist in the implementation and delivery of reform. Institutional development is a dynamic long term process involving complex human capacities, human relationships, systems and processes. In fragile contexts like Somalia, it also requires compromises and trade offs. Whilst development partners can provide essential assistance, effective governance reform processes which provide durable solutions require national ownership and political will. UNDP will assist in building capacities and commitment to processes towards this end, and provide political economy analysis alongside more 37 Report of the Electoral Needs Assessment Mission. Somalia. August

30 technical support so as to enable a positive spiral of reform. 38 In contexts where there is severe fragility and the local context is not conducive to large scale investment in reform processes, the programme in consultation with partners will focus on improving capacities incrementally at various levels. The pillar will support core governance reform processes covering public financial management, accountability and transparency, development planning and aid coordination, and public sector reform through the following approaches: 1. Generating new and improving existing human capacities 2. Reinforcing and improving existing national institutional and administrative systems 3. Developing strategies and/or visions for reform 4. Facilitating policies and processes for the implementation of reform 5. Facilitating political and technical consensus for reform 6. Facilitating oversight and accountability with parliamentary institutions and civil society Coherent Reform Strategy and Approach Capacity Building & Institutional Development Sustainability of Reform Processes DEVPMENT AND AID PLANNING PUBLIC SECTOR REFORM PUBLIC FINANCE MGMNT Human Resource Capacity, Skills and Knowledge Political Will and Ownership Technical Capacity to formulate and implement reforms Institutional Mandate, Organizational Structures and Policies The core state capacities component will support achievement of the following: 38 World Bank (2011). World Development Report Conflict, Security and Development. 22

31 (a) Administrative and technical capacities of public servants and institutions to formulate and implement public sector reforms Improved Initial activities will focus on building up the core capacities of state and federal institutions to recruit, manage and train civil servants. This will include development of baseline data on the civil services including, training needs, learning approaches, as well as supporting the development of standardised training modules for the civil services. UNDP will also assess and gather baseline date on key institutions which will include laws, mandates, strategies, policies, structures, human resource capacities and existing coordination mechanisms. The basic capacity assessments will be complemented by functional reviews which will give detailed recommendations on how systems and processes need to be reformed to enable institutions to perform their functions more effectively. These assessments and reviews will inform the long term capacity building and institutional development needs and approaches to deliver public sector reforms thereby improving technical efficiency of government as a whole. The long term approaches to institutional development will include support for the development of capacities to formulate strategies for key cross government public sector reforms (i.e. civil service reform) and policies for their implementation. This will involve the provision of technical assistance to develop, formulate and implement policies. Through facilitation of participatory processes, the programme will help build ownership and political buy in for reforms and policy implementation, including where necessary at cabinet level. Administrative capacities within institutions will be strengthened by improving record management and financial, accounting and human resource processes. The support to institutions and reforms will be complemented by long term training programmes for civil servants as defined by the initial and on going training needs assessments. Where possible UNDP will apply South South approaches using regional resources for technical assistance, monitoring and training, and will proactively identify and build on existing capacities and knowledge. (b) Public revenue increased and managed in a transparent and accountable way The programme will work with government counterparts to increase domestic revenue generation by improving revenue policies and by reforming and expanding revenue administration systems. The focus will be on Inland Revenue across the three regions and specifically on customs in Puntland. The revenue policy work will focus on helping to increase revenue from large taxpayers, especially large private sector companies. The revenue administration will focus on registering and accounting for payments from taxpayers; annual assessments and reconciliation of amounts paid by taxpayers; taxpayer education and enforcement. This will include supporting some basic infrastructure and information management systems. UNDP will work on improving the format, structure and content of federal and state budgets and the process by which they are developed. The budget process will be improved to make it more inclusive and transparent involving more structured submissions from and dialogue with line ministries. Capacities will be built so that budget timetables can be adhered to in line with the law. Dedicated efforts will be made to help populations to better understand and be engaged in the budget process through consultations with civil society. Existing accounting, auditing and procurement systems will be improved in an incremental manner. The initial focus will be on building up capacities so that existing manual systems although outdated are standardised, implemented and used more effectively. This will allow for basic audits and accounting reports to be produced. As new legislation and regulations are developed, the existing accounting, auditing and procurement systems will be gradually replaced by modern tools, and systems in line with current international practice and in collaboration with the World Bank. For example, accounting systems will be updated to double entry systems and civil servants 23

32 trained to ensure that the new systems are implemented effectively. Improvements in accounting, audit and procurement systems will lead to gradual and incremental improvements in transparency. (c) External aid is effectively and transparently coordinated, managed and used according to national and local planning processes This area will focus on building core planning capacities, initially focusing on the Ministry of Planning and International Cooperation and in due course line ministries. This support will work to standardise linkages between the planning, budgeting and allocation process, whilst institutionalising information collection to ensure an evidence base for key government priorities. The programme will assist regional authorities and federal government to develop and implement national development plans based on reliable data and the participatory inputs of a wide sector of the population, as well as improving planning processes, and supporting the monitoring of the plans. This will include the provision of technical expertise to carry out participatory consultations on priority development needs. The programme will provide support to manage aid flows and work with civil society and the media to disseminate information on aid flows and its effectiveness. This programme recognising the incremental process of recovery will work to ensure core capacities are oriented towards building capacity to support the development of sequential plans. (d) Institutional arrangements and accountability mechanisms developed that improve the effectiveness, responsiveness and transparency of the public sector, particularly in the area of public integrity and anticorruption Corruption poses a major threat to sustainable peace, security, and development in Somalia. The lack of confidence in the state s ability to manage financial and human resources effectively can undermine trust in the state., In Somalia, it is imperative that efforts are made to develop systems, institutions and processes that promote accountability, integrity and transparency and demonstrate to citizens that the state is capable of utilizing scarce government resources to deliver services throughout the country. Under this output, UNDP, working with partners, will implement activities to (i) improve understanding and awareness of the different types of corruption; (ii) develop and implement legal and institutional and civil society formal mechanisms to tackle corruption; and (iii) promote integrity and improve work ethics amongst politicians and civil servants. Under this output, UNDP will work with partners to establish a mechanism for mutual accountability between the governments and multilateral and bilateral development partners, allowing for stakeholders, including civil society to raise and discuss complaints with authorities and communities. This will include proactive engagement with civil society, including the media across Somalia, as a key stakeholder in promoting accountability, transparency and integrity. In some areas, civil society already operates as a watchdog providing information on corrupt practices, and UNDP will support the establishment or capacity of these organizations to implement this work through collaboration with the World Bank and UNODC. (d) Key transitional tasks in the field of good governance are accomplished This output allows UNDP to respond to international community efforts to deliver peace and transition in across Somalia and to separate time bound initiatives linked to key political processes such as the Roadmap on Ending the Transition from our longer term goals. Activities under this objective will be mapped out as the need arises. 24

33 4.3 Improving Access to Justice and the Judicial System The previous phase of the ROLS Programme has recorded impressive results in improving access to justice for Somalis while operating in a complex, difficult, and ever changing environment. Achievements include: Significant improvements in the delivery of justice in some areas. For example, in Hargeisa, there has been a doubling of cases through the Hargeisa District Court and a fourfold increase in legal aid cases over the past four years. A diverse range of partners has been developed, ranging from civil society organizations to universities to justice sector institutions. In each case, support has been linked to improved results and performance. The programme has developed a strong group of legal aid service providers that provide access to the formal legal system; a service previously unavailable to the poor and vulnerable, particularly those detained in prisons and police stations. Institutional infrastructure and process improvements such as the introduction of professional case management techniques and mobile courts has improved the efficiency, reach and professionalism of the formal justice sector in Somaliland. The programme has assisted with justice sector policy and development planning in Somaliland (including the Somaliland Justice Sector Strategy). Improved access to justice for women and children through the creation of Women and Children Departments at the Attorney General s Office (linked to the Women and Children Desks in police stations) and the provision of legal aid services to women. The legal profession in Somalia has been significantly bolstered by UNDP s support to university law faculties in the form of scholarships, professional placements, facilities improvements, and the establishment of legal clinics The programme has significantly increased the number of women lawyers and has strengthened the capacity of women s associations. Building on these achievements, the next phase of the programme will work to expand the depth and breadth of justice service provision, through a move from legal aid to legal empowerment. The programme will broaden its focus on legal aid to a legal empowerment model where legal awareness building, mediation and community engagement play as large, if not a larger role, as the legal representation of criminal defendants. The programme will expand into areas of civil law affecting women and minorities as alimony, women s inheritance, and access to public services. Increasing the number of paralegals, expanding their profile, and developing a network of community based paralegals will be a key component of the transition to a legal empowerment model. Paralegals will be encouraged to operate with greater independence in their communities in order to raise awareness on laws and mechanisms for protecting rights, identify rights violations, monitor traditional courts and elders for abuses, mediate disputes, and refer more egregious cases to lawyers. It is envisaged that all paralegals will be connected to each other and their supervisors through mobile networks. Due to the limited reach of the formal sector and the fact that most Somalis use and trust their elders and religious leaders for dispute resolution (especially in rural areas), the programme will give stronger consideration to the customary and sharia justice systems. This will include conducting more community case by case (court observation) analyses of the use of each system, how they interrelate and what are, if any, the de facto jurisdictions between the three. Women and youth will be supported to develop interventions to influence, strengthen and reform the customary system. This is a delicate balance that encourages good practices and 25

34 strengthens positive attributes such as access to justice, while reforming or creating incentives for judicial reform through education, review, and community based advocacy. The programme will educate elders, sheikhs and communities on human rights and incentive structures created for them to incorporate human rights principles into their decisions, particularly with regards to women. Civil society and paralegal customary court monitoring, litigation challenges for individual cases, and advocacy, particularly on women s rights, will be supported as grassroots mechanisms for empowering the disadvantaged and creating community pressure on elders to reform. This programme will work towards the following results: (a) Justice service delivery improved, with a particular focus on service delivery in rural areas Most access to justice occurs outside the formal system and in rural areas outside the reach of courts and institutions in the main cities. To address this, the programme will increase the reach of mobile courts by instituting a more proactive and regular circuit for district courts to reach villages. Combining these regular circuits with community awareness campaigns will heighten their reach and impact across the programme. This work will be informed by a community needs analysis to explore whether a regular circuit would indeed meet dispute resolution, peace building and legal awareness objectives; or if the present informal mechanisms basically address the principal needs of the population, particularly from a human rights and gender perspective. The mobile court in these cases would fundamentally be called upon to address issues of individual impunity for serious crimes including SGBV, and if appropriate, act as a gender mobile court with the corresponding expertise. Two additional factors will also be assessed: first, whether mobile courts can function independently of the expansion and improvement of police coverage and accompaniment, i.e. whether the law enforcement accompanies law interpretation. Second, whether the government commits itself to the gradual assumption of this modality, as experience elsewhere has indicated that mobile courts fail to gain governmental buy in and collapse in the absence of external resources. The programme will also expand support to focus on district courts rather than regional and appeals courts. Institutional gains have been achieved at the higher level courts and the Attorney General s (AG) Office. The project will work to leverage these gains by having senior court and AG personnel expand technical and management assistance to the district level in removed parts of Somaliland and Puntland, particularly in strategic, pirate vulnerable towns along the coast. Again, every level of expansion will be assessed beforehand for sustainability and effective service to population. (b) Establish and strengthen access to justice and legal empowerment for vulnerable groups, including women and IDPs The programme will expand its support to women s networks engaged in rights advocacy and policy change, as well as to women legal assistance providers, including recently appointed women judges and prosecutors. Partners will be supported to develop community networks of women leaders that can serve as a collective local resource for legal awareness raising, dispute resolution, and challenging the abuse of women in elder and sharia proceedings. Women s justice organizations should also play a larger role in advocacy and legal reform. As such, they will be linked in to other organizations efforts to better coordinate or harmonize customary, sharia and statutory law around women s rights. At the local level, women paralegals and activists will be supported through NGO networks to better engage in decision making processes involving elders, sheikhs and judges whose verdicts are inconsistent with women s rights. Alliances with the universities, legal clinics, and women and children desks, and Ministries of Women/Family Affairs will be explored to contest abuses and improve systems to provide greater legal protection and greater cultural respect of women. 26

35 (c) Justice service delivery improved, with a particular focus on service delivery in rural areas The programme will support improvements in the credibility, efficacy and independence of the judicial system through provision of support through building institutional and human capacities. The programme has a great resource at its disposal in the cases handled by the legal aid clinics and courts. These cases, if properly analysed, can provide key qualitative insights into the challenges that Somalia faces in establishing stability and the rule of law, linking this to recovery and economic development. The programme will take the lead on this and encourage partners to conduct structural analyses and engage in advocacy, policy and legal reform efforts that go beyond the current emphasis on service provision. UNDP will also support the development and implementation of justice sector reform strategies, working with the enacted justice sector reform strategy in Somaliland and encourage the discussions to arrive at a context specific strategy in Puntland. In South Central Somalia, the programme will work within the strategy drafted by the Working Group on Justice and Corrections, while providing technical support to the National Constituent Assembly discussion on the justice sector. In each region, a network of legal assistance and empowerment partners will encourage and promote implementation. Increasingly, the programme will provide support through justice institutions as they demonstrate the ability and capacity to take on more responsibility. For example, it is envisaged that mobile courts will increasingly be coordinated, financed and administered through the Somaliland Supreme Court; and that the Ministry of Justice will play a bigger role in coordinating and developing sustainable core support for legal aid activities. The High Judicial Councils of both Somaliland and Puntland will receive greater attention and capacity building support over the next few years, as they are key institutions for increasing the independence, professionalism and technical ability of the judiciary. The programme has had good results with the pilot case management system in the Hargeisa Regional Court. This pilot will be expanded to all district and regional courts throughout Somaliland, while developing and employing a corps of trainers from the current pilot. The system will be linked to efforts to improve case management in the police force, prison network and Attorney General s Office. This is an example of where greater coordination is needed between community policing and access to justice projects. UNDP has had success supporting the law schools of South Central, Somaliland and Puntland to increase enrolment by providing scholarships for women and others who could otherwise not afford education. Many law graduates, however, are now unable to find jobs as lawyers as the profession is still weak and underdeveloped. UNDP will therefore place greater emphasis on working to support the professionalization of the justice sector, by supporting internships and fellowship placements of graduates at key institutions across the justice and public sector, while recognizing that the demand side is part of the larger problem of civil service reform and that the adoption of more merit based recruitment must occur across the public sector. UNDP will support the creation of single bar associations as they play a fundamental role in advancing, regulating and increasing the professionalism of lawyers. Codes of conduct will also be developed and put in place in all regions with review committees to help insure high standards in professional practice. University training of judges, prosecutors and court staff will continue but will be incorporated into justice sector strategic plans, such that future trainings are increasingly assumed by governmental and individual institutional budgets. (d) Criminal justice systems strengthened to address serious crimes, including piracy in Somaliland and Puntland Somalia, particularly Puntland, is unable to meet internal criminal justice demands. The country is also unable to fairly prosecute those apprehended for piracy inside the country as well as those captured outside Somalia s territorial waters. UNDP, in collaboration with UNODC, will support efforts to modernise criminal laws and 27

36 procedures and upgrade capacities, equipment and infrastructure for the investigation and adjudication of criminal matters. Through the Joint Piracy Trials Programme, UNDP will focus on enhancing the capacities of the police, prosecution and judicial systems in ensuring that fair trials and due process are granted to suspects of serious crimes including piracy. Concurrently, UNODC will focus on the reform and development of the prison system and transfer arrangements for suspected pirates. UNDP and UNODC will collaborate on legal reform measures including the development of piracy and prison legislation as well as ensuring that Somalia s laws are compliant to facilitating transfers of suspected pirates in the future. Within the broader framework of international efforts to tackle piracy, these activities will contribute to strengthening national capacities to deal with serious crimes, such that the effort and resources dedicated to piracy prosecution increase the effectiveness and professionalism of the judiciary as a whole. UNDP will also work with UNODC s Regional Office on integrity issues within the criminal justice sector Strengthening Police and Security Sector Governance The programme, through its Civilian Police Project (CPP), has sought to strengthen the institutional and technical capacity of Somalia's three governmental police forces with particular focus on human rights and the promotion of gender equality. Achievements include: Strengthening the institutional and technical capacity of Somalia's three police forces: Approximately 12,000 officers have been trained in rights based policing (5000 in Somaliland, 1500 in Puntland and 5500 in South Central Somalia). Introducing a sharper focus on gender equality in Somalia s police forces through supporting the training of women officers, training of all officers in gender based violence issues, and the establishment of two Women and Children s Desks in Hargeisa Strengthening partnerships between police and a broad range of civil society organizations. The recognition that fostering and maintaining good relations with communities is at the heart of police efficacy and legitimacy. Developing an increasing degree of civilian oversight of Somalia police forces through the establishment of the Police Advisory Committee in Mogadishu and strengthening the oversight capacities of the Ministries of Interior and Parliament. The foundations for civilian police services have now been laid. However, due to the high levels of insecurity and low levels of capacity, support to the police has largely been short term and piecemeal. In the programming cycle, the programme will introduce strategic development plans for the police for a three to five year period. These plans will help to map out the vision for policing in Somalia s regions, outline how key reforms will be achieved and provide a perspective on sustainability and the role of the government in supporting the police. The plans will also identify the steps required to ensure that policing can manage critical issues for Somalis communities, such as piracy, conflict and insurgency. Importantly, the strategic plans will also detail a programme of development against which donors can commit longer term support. Measuring the impact of policing will be critical to ensuring the plan s success, and this will be achieved through an enhanced focus on crime data and analysis, and measuring the impact of policing in communities through qualitative and quantitative surveys. 39 The UNODC Regional Office for Eastern Africa is developing a two year programme entitled Supporting the Establishment of an Effective and Efficient Criminal Justice System in Somaliland. This focuses on measures to enhance the independence, governance and management of the Judiciary, and to strengthen accountability and integrity of judges and prosecutors. 28

37 As part of its continued support to international efforts in Somalia, UNDP will continue as provider of last resort, to support capacity development for the Special Protection Units but transfer operational management to UNDSS. The SPU is an integral part of the police that the programme and donors are committed to maintaining. This Unit provides the physical security that development and humanitarian organizations require in Somaliland and Puntland. Operational management of the SPU distracts UNDP and the police from developing the fundamental policing capacities across the board. Under reform proposals, the operational responsibility of the SPU will lie with the SPU Commander, in close collaboration with the security cell in each of the locations. UNDP s Civilian Policing Project will continue to handle the financial management of the SPU and capacity building and training of the Unit. The programme will apply a balanced approach between the provision of training, technical advice, and logistical support. 40 Initial priorities will include the refurbishment of Mogadishu police stations and the development of model police stations in Puntland and Somaliland. Building on these achievements, and taking into account the different levels of development in each region, the next phase of the programme will work to attain the following results: (a) Quality of policing and service provision at community levels improved To date, UNDP s police support has emphasised strengthening the police as an institution through building police stations in main towns, training and equipping officers, and establishing communications infrastructure. Government, for its part, continues to view policing as a hard security counter insurgency response. While UNDP s support to the police has increased policing capacity and overall delivery, the impact at the community level in improving the delivery of policing services to citizens has yet to be fully achieved. This has affected the police's ability to work in partnership with local authorities and civil society, and to respond to the needs and expectations of communities. A priority will be to ensure that the programme will encourage policing practices and projects at community levels. As part of this strategy, the programme will support the establishment of model police stations across Somalia geared to putting policing practices at the community level. The Civilian Police Project will also work with communities to develop their capacity to better engage with the police as a partnership in identifying the community s security challenges and collaborating on policing strategies to address the same. Extending police coverage will also be important and this will be done by supporting the roll out of policing in a number of Somalia s more remote locations, including coastal locations in Puntland. This support for policing in extremely vulnerable and remote areas needs to ensure that questions of command and control, oversight and risk management are fully considered. (b) Professional police training, mentoring and career structure established UNDP has had some success with recruit training, rights based policing and basic management skills training to large numbers of officers. This needs to be reinforced in order to influence day to day policing practices at the community level and to introduce increasing degrees of professional training for specific technical policing functions. Professional training programmes for officer cadets will be developed within Somalia. Training curricula will be developed to reinforce headquarters functions such as human resource management, finance, logistics and fleet management; and to strengthen technical functions such as criminal investigations and prosecutions. These training programmes will be supported through on the job training and mentoring in police stations and at headquarters. International advisers will be made available to provide consistent support over a period of weeks, returning at regular intervals. 40 Each regional police force faces significant infrastructure and equipment needs. There is also the perception that UNDP is fundamentally a provider of hard equipment and infrastructure. The needs are great and thus far, UNDP has been alone in this task. In Mogadishu, for example, after 20 years of war, virtually all police stations need re-building, and the police lack vehicles and essential communications equipment. 29

38 (c) Civilian oversight and institutional capacities, including payroll management, of civilian police strengthened The programme will support institutional capacity building strategies for the police and relevant line ministries in order to ensure the effective functioning of the police and their adherence to legislative with strict accountability mechanisms. This will include support to the development of five year strategic plans, police acts and codes of conduct. The programme will work with to develop and build capacities in administration, human resources and finance, and management for both police and relevant ministries (interior and/or security). Infrastructure and equipment support will also be provided to the three police forces. Partnerships will be developed with bilateral police organizations in weapons training and management in order to complement the non lethal training provided by UNDP. On behalf of donor and the international community, UNDP has paid stipends to the Somali Police Force since Despite the challenging security and political environment, these payments have been successfully undertaken. The system of payments developed by UNDP and approved by the donor partners ensures that only officers trained and certified by UNDP, and in active service with the SPF, receive payment. A Stipends Monitoring Committee was established and trained for purposes of ensuring that payment guidelines are strictly adhered to. During this next phase of the programme, UNDP will work to find a structural solution to the payment of stipends. Whilst continuing to support the Stipends Monitoring Committee for as long as it is needed, UNDP will now work in partnership with specialized agencies to introduce a biometric registration mechanism, while at the same time strengthen the government s financial and monitoring capacities so that responsibility for stipends payments can be progressively assumed by the federal government. Currently, the annual budget for stipends stands at USD $ 10 million; covering stipend payments for 6,000 police officers. As policing activities expand over the period of the GROL Programme, the Civilian Police Project envisages that the police will expand to a total of 12,000 officers. As such, the budget for stipend payment will also double to approximately USD $20 million per year by 2015 assuming that levels of pay remain constant. What must be considered in light of these figures and the SPF s plans for expansion is the sustainability of stipend payments, UNDP and the international community s exit strategy, and the political decisions that will be made regarding these payments. Civilian oversight procedures, still in their infancy are yet to be applied systematically in all three police forces. The UNDP supported Police Advisory Committee in Mogadishu provides a degree of oversight of the police. Based in the Ministry of Interior, the PAC's 12 members (who include retired judges and ex police officers) are chosen on the basis of 'trust' and in the interests of clan and civil society/police balance. They operate on PAC's behalf in 16 stations, the Central Investigation Department (CID) and the Central Prison, making regular weekly visits and submitting reports to the Ministry of Interior, the Police Commissioner and UNDP on a monthly basis. Building on this progress, the programme will support the development of similar entities among existing partners in order to strengthen civilian oversight over police and security sector bodies. The role of a police inspectorate and a parliamentary oversight body will also be explored. It is envisaged that a strategic planning process will be initiated in conjunction with the Ministry of Interior (Security in Puntland) in order to examine all aspects of the PAC and oversight mechanisms, including the development of key capacities such as community policing training, human rights monitoring, dispute resolution and communications. In all three regions, the programme will support the development of constitutionally legitimate police oversight bodies such as those currently contemplated in the National Security Strategy Plan. Civilian oversight and accountability at the local level will be strengthened through the active participation of the 30

39 police in district safety committees, tight liaison with municipal authorities and through the implementation of a community based policing approach, involving regular police community consultations. (d) Provision of justice and security services for women improved The GROL Programme will place a strong emphasis on working with the police to ensure that they (a) address the needs of female victims of violence and (b) ensure that women police officers are able to perform professional policing functions at all levels in the police service. To this end, emphasis will be placed on supporting women s organizations to partner with the police particularly policewomen according them affirmative action to enhance their recognition and advancement. With the support of judicial authorities and civil society groups, Women and Children Units will be created and introduced in model police stations while continuing to support these desks in regular police stations. Women s advocacy groups and legal assistance partners will work with the police, elders and sheikhs to increase the quality of responsiveness to women s needs and support the investigation and successful prosecution of SGBV crimes. Police will work so that a larger number of women will be referred to SARCs for treatment and seek legal and CID redress. More female officers will be trained in order to address violations of women s rights as well as general policing; and all officers (male and female) will receive training on how to recognize and address sexual and gender based violence. The development of affirmative action career support for women officers will be done in conjunction with the policewomen themselves and with the support of women s groups. Lessons learned internationally, particularly those from Nicaragua and India, as to the efficacy of separate women police units will be reviewed and replicated as appropriate. 4.5 Enabling Resilient Local Governance and Service Delivery The objective of this pillar of the programme is for local governance to contribute to peace and equitable priority service delivery. This pillar supports the establishment of district level autonomous and accountable local governments and the development of effective linkages with constituent communities and the private sector. It seeks to empower local government with the systems and resources to deliver services and to build peace and in the process, strengthen their legitimacy and contribute to state building. This programme component is articulated as UNDP s contribution to the Joint Programme on Local Governance and decentralized service delivery (JPLG) which is a five year programme of UNDP, ILO, UNCDF, UN HABITAT and UNICEF. Building on the last four years of engagement of the JPLG, and drawing upon the findings of the JPLG Mid term Review (2011), the programme will pursue an approach that prioritizes: 1. Broadening geographic reach: The programme will seek to extend the reach of local government, inclusive planning and service delivery to 10 additional districts over the next four years. This will include districts in Somaliland, Puntland and South Central Somalia, as well as (political and security conditions permitting) engagement in new emerging administrations. 2. Strengthening vertical and horizontal linkages: Vertically, the programme will seek to strengthen cooperation and coherence between local, national and sectoral level planning processes by integrating district development plans and priorities into national planning processes and institutionalizing planning tools and systems. Horizontally, the programme will seek to strengthen linkages with other sectors (for 31

40 example, police and justice by integrating security and safety concerns into district development plans) and service providers (such as private sector and Diaspora groups). 3. Investing in service delivery: Recognising that local governance in Somalia is directly linked to improving service delivery, the programme will prioritize the provision of service delivery projects through a Local Development Fund model. UNDP will work in the following result areas: (a) Capacities of local authorities developed and regulatory processes established or strengthened to ensure accountable provision of services This output focuses on the supply side aimed at initiating the establishment of appropriate policy, institutional and legal frameworks; establishing and strengthening of district and regional councils; and enhancing the local government s ability to govern and deliver services in an equitable manner. This output addresses the need for the programme to go deeper into the capacity development of the district government, concentrating on developing systems for the departments to ensure more efficient service delivery. This will involve close linkages with the core state capacities pillar of the programme to ensure that capacities for planning, revenue collection and financial management are increased at both the local and national levels, and that local level plans inform, and are informed by, national level plans. It will also involve supporting the development of planning capacities in selected ministries at the local level, as well as strengthening coordination mechanisms between the local and national authorities to respond to local level needs. The programme will support the development of local government policy, legal and regulatory frameworks on decentralization and decentralized service delivery, as well the development and strengthening of local government revenue mobilization policies, systems for revenue collection and accountability, and the implementation of the public expenditure management process in all target districts. The programme will undertake capacity assessments of regional and district councils in target areas, and support the development of these councils, including through the provision of training of councillors in local governance roles and responsibilities, participatory planning processes, public finance management processes, and basis management and administration. The programme will also exploit strong linkages with UNDP s engagement on institutional strengthening. To avoid creating parallel structures, this programme will take steps to harmonise local government systems and procedures with those practiced and adopted by central and LG, including through support to the formulation of proposals for LG civil service reform. As an interim measure, UNDP will pilot institutional development efforts at the local level based on the recommendations of the institutional assessments. Where necessary, these assessments will be complemented by an analysis of the need to enhance the capacity of LG departments, performance standards, staff pay and grading procedures. The programme will also support the development of inclusive planning exercises of district councils (including the involvement of community leaders, elders and women s organizations), and ensure that these planning processes are informed by public perception surveys of district councils and service delivery. Regional and district councils will also be supported in meeting the gender quota for women in local government, and in ensuring that planning processes and the development of district development frameworks involve the active participation of women, and reflect women s needs and priorities. 32

41 This output also seeks to ensure that communities benefit from improved service delivery by strengthening local government s capacity to manage and coordinate (with private sector and civil society service providers) the implementation of DDFs. To ensure that communities see the benefit of engaging with local governments for improved service delivery, the programme, with UNCDF, will ensure that at least one priority service delivery project in each target district will be funded via the local development fund. (b) Capacity building and empowerment of communities towards informing local government authorities plans towards equitable access to basic services This output focuses on strengthening the demand side of local governance, i.e. building understanding and capacity among communities to enable them to engage in the participatory planning process, in monitoring and evaluation of delivery of services, and in holding regional and district councils to account. The programme will support awareness raising and civic education initiatives to ensure that target communities have a basic understanding of the workings of district councils, of local government policies, of the roles and responsibilities/expectations placed on citizens, and of the opportunities to engage in planning processes and to hold councils to account. Working with UNICEF, the programme will support the design and implementation of participatory planning processes (involving elders, religious leaders and civil society organization) to help ensure that DDFs and budgets reflect community priorities. To strengthen the voice of community leaders and civil society networks in these processes, the programme will support the development of leadership skills of civil society organizations (in particular women s networks), as well as encourage opportunities for dialogue with elders and community leaders so as to ensure their involvement in district planning processes. Involving women in the decision making process is key to better ensure that the right services are in the right locations and sustained, and UNDP will support three strategies to bring this about. One is to pay greater attention to enhancing the role of village councils and promoting the representation of popularly acknowledged community leaders, women, minorities and disadvantaged groups on these councils. In line with recent moves in Puntland that require 30% of district council members to be women, UNDP will collaborate with relevant organisations to advocate a similar proportion of village council members to be women. This has already been achieved in many parts of Puntland but needs to be vigorously promoted in Somaliland and South Central Somalia. A second strategy is to expand a recent innovation by appointing at least two community resource persons (CORPS) in each village, one male and one female. These are to be trained in project cycle management (PCM) to better inform communities about each stage of the process. A third is to foster the empowerment of communities in decisions that directly affect them, particularly in projects and activities funded through the LDF. (c) Communities are better able to ensure safety and prevent violent conflict at the local level, including over natural resources This output focuses on ensuring that community safety and peace building priorities are integrated into district development frameworks, and that the implementation of DDFs delivers a peace dividend for communities. Working with the Somali Observatory on Crime and Violence Prevention (OCVP), the programme will seek to ensure that planning processes are informed by a sophisticated analysis of the local security situation, through the annually updated district safety plans, that community representatives (including elders, religious leaders, women s and youth organizations) are able to actively participate in these planning processes, and that the resulting DDFs include community safety and peace building projects/activities. In so doing, the DDFs can provide 33

42 a strategic plan for coordinating activities in reducing violence, enhancing community security and improving access to justice, as well as in delivering basic services. Vertical institutional linkages will also be established with the Ministry of Interior and Ministry of Security to ensure that the district councils and relevant security and planning committees are part of the developing national peace building architecture. As the programme develops, it is anticipated that UNDP s local government work will have a closer focus on addressing issues related to the control and management of land, particularly in urban areas. Disputes frequently arise over ownership of land due to inadequate procedures for land titling and registration. Legal procedures for arbitrating or resolving such disputes are poorly defined. Unclear title undermines the ability of LGs to levy taxes on land and improvements, a potentially important source of local revenue. UNDP, as part of the JPLG, will assist relevant ministries and agencies of central government to clarify roles, responsibilities and procedures in addressing these issues. In addition, the programme will assist in formulating strategies, work plans and guidelines to implement policies and supporting legislation once these have been enacted. During this programming phase, the approach for South Central Somalia will continue to be a tiered approach which entails policy and capacity development support to the Ministry of Interior and regional administrations where they are properly constituted, continuation of Phase One interventions in the 16 districts of Mogadishu, the start of Phase Two interventions in those districts with semi functional local council and administrations, and the commencement of JPLG activities in at least one more central region. In South Central Somalia, where the situation has changed dramatically in the last year, there is now an opportunity to cement security gains by developing sustainable institutions capable of delivering social and economic investments. On the other hand the capacity of local governments is seriously depleted and fiduciary risks are correspondingly high. Moreover, the governance structures in many instances are characterised by a high degree of informality and the co existence of both formal government structures parallel to others based on clan or paramilitary structures. 41 As a prerequisite for engagement by the UN, districts must have an elected local council or a selected council that is broadly recognized as representative of the community. UNDP s local governance initiative in the newly liberated areas will concentrate interventions on two phases: 1. Enhance the capacity of appointed district governments, working with community representatives, to rapidly identify and provide rehabilitation of public assets UNDP will support the rehabilitation of public assets as identified through a participatory process involving appointed government officials and community representatives. The implementation of public works investments will be completed through employment generation schemes, which will contribute to stability and the reduction of community tensions. 2. Promote a bottom up process that allows the population to appoint a representative district council and/or district administration or both. This initiative will build on the lessons learnt from the DBPB project implementation which proved successful in achieving the selection of representative and legitimate district councils; promoting peaceful coexistence between clan communities in South Central Somalia. 41 See e.g. CDRD: Political Economy Analysis in Mogadishu May

43 This initiative will not only respond to the immediate needs of the population through a participatory approach related to planning and investment, but it will also develop a solid foundation on which longer term comprehensive local governance support can be built. The project management arrangements will ensure that: Local governments have the foundation and basic systems, structures and resources to fulfil their prioritized roles and responsibilities Communities, private sector and local governments have better means and capacity to deliver basic services. Cross cutting issues will be fundamental to all activities, i.e. participatory approaches and equity related to planning and investment. From mid to late 2013 the initiative in support of the established local administrations will be rolled into the UN JPLG. The reconciliation process is owned by the Somali people and is implemented by them through the district councils/local administration / TFIs. The project facilitates a platform where the priorities and concerns of the district council/ local administration / TFIs and civil society are raised and addressed in a participatory and conducive way. The process is facilitated by transparent, timely, logistical, administrative and financial support UNDP s contribution to the UN JPLG will be further informed by the outcome of the JPLG 2 formulation. 4.6 Enhancing Community Security and Resilience Recognising the limitations of institutional security and justice provision, and the strength of Somali society, UNDP will work to institutionalise partnerships at national, regional and local level, to promote effective assessment, response and prevention to crime and conflict. This programme area complements institutional support and service provision in justice, security and basic services, through a community driven approach, ensuring that marginalised clans, women and youth are actively involved in the planning, monitoring and execution of security services. Using a bottom up approach this programme will build civil society, I/NGO and governmental consensus around community safety and security approaches. In the absence of national statistics, assessment and early warning systems, this programme will invest in baseline assessments, victimisation studies, and conflict analysis in conflict affected areas across the three regions to enable target ting area based approaches. The overall objective of this programme area is to promote sustainable peace through a collaborative institutional framework that partners state (regional and local) and non state (civil society actors) and the formal and informal justice and security systems. Specifically, this programme will create an institutional architecture for peacebuilding and community security services which prevents, mitigates and responds to conflict in the community. This programme area will provide specifically targeted support in the area youth perpetrated crime and piracy, through the Youth for Change, youth rehabilitation programme. In the previous phase of the programme, Resource Centres for Peace were built to support community reconciliation efforts, an independent research centre, the Somali OCVP was established and consultations on peace building, conflict management, youth and crime were conducted in rural and urban areas across the three Somali regions. 35

44 Other notable achievements to date include: The completion of crime and conflict baseline assessments in Burao, Bosasso, Galkayo, Los Anod and Mogadishu (five districts) which contain valuable information to guide programmatic interventions The consultative development of district safety committees and district safety plans in Burao, Bosasso, Galkayo, Los Anod and Mogadishu (eight districts). The committees engage community representatives such as youth, elders, women, IDPs, minority clan members, private sector, police and local authorities in discussions on safety issues, local policing needs and conflict prevention and resolution. A Somalia community safety framework was developed reflecting the broad stakeholder consensus for a government and civil society coordination mechanism, which actively encourages the involvement of minority voices. The establishment of Community Security and Peace building Units, under the Ministry of Interior (Somaliland) and Ministry of Security (Puntland) to oversee and coordinate safety and violence prevention activities of different actors, including traditional leaders Leadership in the development of a youth at risk project in partnership with ILO and UNICEF, which at the end of its first year socially and economically reintegrated 2000 youth and children who were either at risk or already engaged in crime and violence. Supporting the establishment of a Women s Civil Protection Unit in Mogadishu. This pilot initiative increased women s participation in peace and security activities by training 500 women to work alongside the police to record instances of crime and violence and provide victim referral services. Building on these achievements, the next phase of the project will undertake the following activities: (a) Conflict analysis conducted and research capacities further developed in partnership with local stakeholders Ensure that the OCVP is able to demonstrate stronger research and training capacity. With a training of trainers methodology, the programme will focus on the Observatory in Hargeisa to acquire and spread capacities to other Observatory offices at universities in Mogadishu and Puntland. Strategic partnerships will be sought with INGOs and foreign universities to create a network of peace and security research institutions, to support a comprehensive early warning system for Somaliland. An agreement will be entered into with universities to provide greater academic support to the Observatory from its own budget and making it an avenue for peacebuilding assistance. Policy research work will also form part of a sustainability strategy providing important services to government and donors. (b) Enhanced conflict resolution mediation, responsiveness, and dialogue capacities of authorities To ensure their sustainability and to establish a clear link into the formal governance system, the programme will support the institutionalization of peace building and community security units in Somaliland and Puntland, regional peace committees into regional councils, and district safety committees (D) into the local district councils and as part of the district development frameworks (DDF). It will also support the central authorities of Somaliland and Puntland in convening regional peace forums as a platform for civil society and government to meet annually to celebrate existing capacities for peace. Existing Ds operate in close collaboration with mayors and district councils; and efforts will continue to strengthen this strategic relationship, so as to improve local responses (including police and justice) to demands, and ensure that women, youth and minority clans are involved in the process. 36

45 The development of peace building structures in Puntland and Somaliland, and the role of regional peace committees and Ds in conflict resolution, has demonstrated significant peace building potential. Through the implementation of the peace building policy, this will be strategically capitalized as part of the programme by incorporating a peace building component into policing and justice provision, as well as in local governance development. Sustained consultation with Somali experts and key INGOs will continue to guide support to emerging local initiatives so as to ensure that UNDP s role can also focus on supporting indigenous efforts [1], whilst guarding against manipulation by militaristic leaders and problematic strategies proposed by external actors. The programme will work closely in this regard with UNDP s peace building advisor, as well as BCPR to ensure that approaches are conflict sensitive, that they take lessons learned and best practices into account and that they are based on a thorough conflict analysis of the different regions of Somalia. This will translate into more effectives support for conflict prevention approaches and mediation capacities, engaging regional peace committees and district safety committees in negotiating peace processes, training in conflict prevention and negotiation, and providing logistical support for dialogue processes. Concurrently, the learning and research capacities will continue to best utilize and understand the value and continued importance of the role played by traditional leaders and the important peace building components inherent in Somali culture. (c) Improved capacity of religious and traditional authorities and civil society, particularly youth and women s organizations to engage with government and participate in dialogue, conflict management and peace building processes This program, through the Youth for Change Project, will support Somali institutions and communities in the social and economic reintegration of youth associated with crime and violence, the disengagement and integration of combatants from non state armed groups into the society, and the rehabilitation of land based piracy. This project hopes to provide up to 10,000 youth who are either at risk or engaged in crime and violence (i.e. youth associated with criminal gangs and militia groups) with life skills based education (including literacy and vocational skills training and civic and peace education), enhanced employment opportunities, labourintensive work and psychosocial support, in order to provide them with viable alternatives to criminal and violence related activities. Short term job opportunities will be identified from district safety plans in priority districts, and will provide youth with the opportunity to contribute to violence reduction activities, community development and public works projects. Lessons learned from Somali and foreign experience in reintegration in post conflict settings teaches that reintegration or re socialization is both a civic and economic process, both of which must work in parallel. As the programme specializes in the civic component, it will also work closely with the JPLG and PREP programs to help ensure that resources from these projects can be targeted to address risk factors of violence which are often related to natural resource management, compounded by the lack of alternative livelihoods and poor service delivery [2]. The economic resilience of women within the Women Civic Protection Unit is further strengthened through a partnership with PREP whereby the revolving fund scheme is introduced. Conditions for a full fledged DDR do not exist in South Central Somalia. However the Youth for Change programme is capacitated to reach out to members of non state armed groups and provide them with socio economic and political reintegration opportunities. Modules on youth leadership, support of youth networks, and the establishment of a youth parliament are built into the project to enhance the ability of youth. In order to support [1] The project is aware that the UN does not have a successful track record in peace-building in Somalia and that its efforts are often viewed with considerable skepticism by important Somali constituencies. [2] It is recognised that there are also many external and international conflict drivers in Somalia which also need to be addressed. However, UNDP s ROL, GOV and PREP programmes can specialize in o addressing local root causes 37

46 the eventual hand over of youth rehabilitation work to the Somali authorities, the programme will assist the regional authorities with developing sentencing guidelines so that youth rehabilitation programmes in the three regions can in time go on to be used as formal parole or alternative sentencing programmes by the judiciary. 5. LINKAGES Specific efforts will be made to strengthen linkages between the different projects under the unified strategy under the overall GROL Programme, as well as between the different UNDP programmes (PREP and cross cutting units). This will involve shared results reporting, annual joint planning and quarterly review processes, joint initiatives in specific geographic locations, and joint agreements with counterparts to avoid duplication and ensure complementarities. UNDP will also increasingly adopt an area based approach to programming, where the resources of individual programmes will be pooled to operate in a more integrated manner in one geographical area. UNDP recognizes that without collaborative efforts across the country office program, progress against the overall program goals will not be realized. Such cooperation is already in place between different pillars of programmes. For example, the institutional strengthening pillar is working with the Access to Justice Project to support the House of Representatives in Somaliland to enhance their law making and representational capacity. Policing and justice are also public services that citizens, without discrimination, are entitled to receive from government. Building on the need to enhance service delivery across the board in an inclusive, accountable and transparent manner, the programme will to this effect, embed specific collaborative approaches and activities, including: The programme will develop agreements and work plans with parliaments to fulfil their legislative, lawmaking, security sector oversight and representative functions. The institutional development and local government pillars will work together to ensure that planning functions and processes are carried out across the three levels of government (local, regional, district) in a coherent and consistent manner, involving line ministries, sectoral working groups, district councils and civil society. This will help ensure that planning at the different levels responds to a common set of development goals and priorities, and that participatory approaches are applied to ensure accountability and transparency in government plans. Local government and community security/policing will synchronize their work in the same districts and work together to develop a methodology for baseline assessments and service delivery in target districts. While strengthening planning capacities of the district councils, this approach also helps ensure that municipalities and district development frameworks include specifically address and respond to the safety and security of the communities, including the marginalized; Institutional strengthening and access to justice and civilian police will work together to conduct functional reviews of the Ministry of Interior, Ministry of Justice and the police, and help to develop the planning and budgeting capacities of these institutions; This work will help the Ministry of the Interior develop its own financial management and monitoring capacities and to assume responsibility for salary and possible stipends payments. GROL and PREP will work together to identify opportunities for PREP to support livelihood projects identified in the district development frameworks and on improving service delivery at the district level. These programmes will also work together on the development of national statistics capacity, macroeconomic analysis and GDP estimates; ensuring these are incorporated into the development 38

47 plans of government and UNDP work plans. The two programs will work together towards building the sustainable capacity of the Department of Planning and Statistics in each district. The GROL programme and the Gender Unit will work together to strengthen the capacity of women s organizations to promote women s empowerment and engagement in planning processes and service delivery. 6. REGIONAL DIFFERENTIATION AND IMPLICATIONS FOR STRATEGIC DIRECTION In light of the significant differences in context and institutional capacities across Somalia, the GROL Programme will pursue a regionally differentiated approach to programming in South Central Somalia, Puntland and Somaliland. This will mean implementing the program differently in each region and ensuring that governance, security and justice interventions are specifically tailored to meet the needs of each region, and that these interventions are appropriate and relevant to the realities on the ground. Regional strategies and implementation modalities will be detailed in annual workplans at the project level. To this end, three regional programme strategies have been developed, outlining key strategic directions for the programme in each region. These strategies will be reviewed and updated on an annual basis, taking into account the changing political dynamics including the state of inter regional relations and the opening up of more areas of South and Central Somalia. 6.1 South Central Somalia South Central Somalia is emerging from a long period of violent conflict and is still vulnerable to re emergence of violence. GROL support, at least in the short term, is geared towards supporting the implementation of the Roadmap, and seeking to build and extend the capacity of the TFG (and its likely successor). The development effort is hampered by the fact that in many districts of Mogadishu, militia groups and business leaders are the defacto authorities and providers of security. As such, programme support will need to be a properly timed and sequenced roll out of interventions, depending on security and levels of access and stability. This will require flexible planning and implementation, but what will be permanent is the steady support for a citizen security in Mogadishu, supporting the implementation of the Roadmap and the National Security and Stabilization Plan. It will continue to build and extend the capacity of the TFG (and its likely successor) beyond August 2012, from a stabilization perspective, as well as a development one. The September 2011 adoption of the Roadmap, and in particular, Benchmark 2 (which includes finalisation and adoption of constitution, parliamentary reform, elections and constitutional referendum) sets a new direction for the work on constitutional development and implementation. In line with the Roadmap, in the immediate term, the programme will focus on ensuring that the final content of the constitution is negotiated with key partners, and that an approach is agreed to ratifying the new constitution. Technical assistance and capacity building support will be provided to the key constitution making and implementing stakeholders, as well as support a civic education campaign to raise awareness of the new constitution and ensure that the process is an inclusive one. Throughout the course of the drafting process, the programme will also support stakeholder consultations on contentious issues. The programme, working with UNPOS, will provide capacity building and institutional support to stand up and convene the Constituent Assembly that will endorse the constitution. It will also support the development of a plan for a phased approach to implement the constitution. Once the provisional constitution has been adopted, the programme will support the process of electoral system development. This will include support for the 39

48 establishment of electoral bodies, drafting of electoral system constitutional provisions and implementation schedules, and development of electoral policies and laws. The programme will also provide capacity development support to the new federal parliament. Aside from work on implementation of the Roadmap, the programme will initiate a strategic approach (outlined above) to institutional strengthening of core ministries in Mogadishu. Working with the JPLG, and building up from the initial engagement in six districts in 2012, the programme will expand district safety planning processes to all districts of Mogadishu (following the phased approach developed by UN JPLG for engagement in South Central Somalia). The programme will ensure that marginalised groups are engaged by supporting the role out of district peace committees to complement the formal district planning process under the JPLG. Communities will be empowered to identify their security needs through the district peace committees, leading to the implementation of community driven and identified projects to improve security. The feasibility of this approach in Mogadishu, however, rests on whether the TFG is able to reign in district commissioners associated with militia groups. The programme will, therefore, only engage in district development processes once new security arrangements in many of Mogadishu s districts have been negotiated, and/or where there would appear to be in place a critical mass of stakeholders committed to an inclusive planning process. In Mogadishu, Youth for Change will target over 5000 youth and children either at risk or already engaged in crime and violence. It is envisaged that this project can also inform the development (with UNPOS and the UNCT) of contingency plans for DDR like processes. It is possible that this project would play a key role in the reintegration of former armed militia members. The programme will cautiously explore (with UNPOS and the UNCT) opportunities to engage with other self declared regional authorities in South Central. A key objective of the programme will be to support the development and professionalization of the Somali Police Force (SPF) to enable it to undertake civilian policing across all districts of Mogadishu and areas where the TFG is effectively accepted. This will require the continued payment of stipends (accompanied by an exit strategy), rehabilitation of police stations and equipment support; and will focus on enhancing the governance and oversight capacity of the SPF through support for a more professional Police Advisory Committee (PAC). Until 2011, UNDPs access to justice work in South Central Somalia had been extremely limited due to security issues and a general disintegration of justice sector institutions. UNDP adapted to this by taking a more humanitarian and emergency response to programming and focused on service provision and legal protection of the most vulnerable populations. More recently, however, programming has returned to the provision of judicial training and infrastructure rehabilitation. An aggressive judicial support plan is imperative including planned provisions for its expansion to new areas in South Central so as to ensure an across the board criminal justice chain roll out that is linked to police and governance deployment. Building on this, the programme will expand its support to legal aid providers and look to develop partnerships with female led community justice providers. Partners will be supported to establish community networks of paralegals that can serve as a collective resource for legal awareness raising, dispute resolution, and challenging the abuse of women in informal and sharia proceedings. The programme will also provide support to community safety groups and women, and will also serve as an interface between communities, youth at risk, the SPF and other ROL service providers. The programme will also work to strengthen national ownership and direction of justice system development through targeted support to the implementation of the Justice and Security Working Group workplan as approved by the Joint Security Committee and funded by donors. Also, in light of the low capacities of formal justice sector 40

49 institutions and the legal profession in Somalia 42, a strong focus of the programme will be on supporting the training judges, prosecutors and court staff, whilst helping to re establish courts in the various districts of Mogadishu and in regions vacated by militia groups. UNDP will also support mobile courts throughout the city while permanent courts are rehabilitated. 6.2 Puntland Puntland is a post conflict region, wherein opportunities exist for institutional development and reform. In recent times, the international community has stepped up support for Puntland in the fight against piracy. This has resulted in a reduction in the number of reported piracy and attacks and ransoms during 2011 and early In Puntland, the situation continues to develop politically and the government has expressed commitment to improving institutional capacities. As such, the programme will pursue an institutional development agenda. On issues of development planning, the programme will support the government in a participatory process to develop, and subsequently implement, a 5 year development plan. This will include the provision of technical assistance to the government to carry out consultations on priority development needs, as well as helping to establish a national planning system to ensure a better alignment of the budget and priorities. The programme will also continue to support the government s capacity to manage aid flows through further training on the management of the development assistance database and work with civil society and the media to disseminate information on aid flows and its effectiveness. This information will enable the government to obtain development information from donors, government departments, UN agencies and other development partners. This will also serve as a tool for improved planning and budgeting by the government. In the area of public financial management, the priority areas of work will be on improving the budget process to ensure that it is realistic, credible and based on strategic planning, and on increasing revenue. This will involve work to improve the actual format and content of the budget, training for line ministries on how to improve their budget submissions, support for the establishment of accounting systems, regulations and laws, as well as ensuring that all procurement processes and internal audit processes are standardised and implemented, and work on improving revenue predictions, and helping the people of Puntland to better understand and be engaged in the budget process, including calling the government to account. The programme will also strengthen transparency and accountability by working within the government and with external agents including the Parliament and civil society in setting up external audit systems. As the majority of revenue stems from customs rather than Inland Revenue, an initial focus of the programme will be on helping improve customs and revenue systems at Bosaso Port. In the area of civil service reform, the programme will support processes aimed at building consensus at Cabinet level around priorities for reform and capacity development of the civil service. This will include strengthening the nascent Civil Service Commission so that it can function effectively, whilst working across ministries to develop clear vision statements for each, as well as work plans for developing clearer definition of core functions and areas of collaboration. The programme will also establish generic training programmes for civil servants following a comprehensive training needs assessment, and will explore the desirability of establishing a civil service institute to ensure the sustainability of the human resource following the model and using the expertise from the Somaliland Civil Service Institute. 42 Baseline exams of the 28 judges and prosecutors and 42 court staff who were trained in 2011 by the University of Mogadishu revealed extremely low knowledge and a lack of relevant skills. Only 6 judges passed the initial exam and case file reviews demonstrated inconsistent judgments. 41

50 Working with the UN JPLG, the programme will also work to strengthen local government and district level planning processes to some 10 new districts. The district and security planning processes (and associated committees and dialogue structures) will be used to gradually extend the programme to rural and coastal districts and to support government mediation in areas of intra clan disputes. A concerted effort will be made to increase the visibility and effectiveness of local government and the police in more remote areas outside of the main towns, particularly in strategic, pirate vulnerable towns along the coast. The CO will also undertake area based programming in specific districts based on agreed criteria, principles and priorities. In Puntland, there is the potential to continue to advance the police reform and security governance strengthening agenda. Although the capacity in this region might be low, there is great determination for police services. Specialized training, infrastructure and equipment support will continue to form a significant component of police support in order to build up a critical mass for reform efforts. At the government level, the programme will support the development and implementation of a 5 year development plan for the police. It will also provide direct support to a central peace building unit within the Ministry of Security and support it with the development of a Puntland wide approach to peace and conflict management. At the government institutional level, the programme will support the development of a justice sector strategy. Working with UNODC, the programme will work towards building the capacity of criminal justice institutions to prosecute and try piracy and enact anti piracy laws within a broader framework of strengthening the basic structures for administration of justice in Puntland. These legal efforts will be complemented by community level initiatives (including community based policing and district security planning processes) in order to mobilize communities, elders and religious leaders to increase the pressure on pirates to leave their communities. With the collaboration of SIDP, institutional capacity development strategies will also be supported for key ministries dealing with security and justice. The programme will continue to devote resources and attention to the articulation of the demand side of justice and policing, particularly by marginalized majorities. Specifically, it will work to empower women, youth, marginalized groups and broader communities to push for improved justice and security provision, making use of the paralegals network and community development agents, currently undergoing training. During the next programming cycle, the GROL Programme will also support the Youth for Change initiative, targeting over 2000 youth and children either at risk or already engaged in criminal activity and violence. Working in concert with the PREP Programme, this will include children and youth associated with piracy groups, with a view to providing them with alternative livelihood sources and employment. In response to the Puntland government s desire to move to an open election process, the programme will initiate a new area of work for UNDP Somalia on electoral system development. Working with relevant partners, GROL will work to enhance the credibility, transparency, effectiveness and sustainability of electoral institutions and processes, with a particular emphasis on inclusive participation and women s empowerment. This will include supporting the establishment of the electoral support framework based upon UN policies, strengthening the electoral administration, including through technical support in the drafting of policies and laws on electoral issues, and provision of civic education. In light of the context in Somalia, this will also include supporting risk assessment and mitigation measures, for example, codes of conduct. While some support has been provided by UNDP to the Puntland legislature, capacity needs to be further developed and enhanced, as MPs still require considerable support to properly understand their roles and powers and to exercise these powers effectively. Public participation in parliamentary processes appears absent, with no public participation currently occurring through parliamentary committees. Furthermore, women are still vastly 42

51 under represented in Parliament. In collaboration with partners, the programme will support a capacity development strategy to address the law making cycle, ensuring that it works with other agencies within the Executive, developing the committee s skills in dialogue and mediation as well as ensuring that Parliament is engaging with the public. Parliament will be supported to conduct outreach through public hearings. The programme will work to empower women, youth, marginalized groups and broader communities to seek improved participate in planning and political processes, and to access improved levels of service delivery (including justice and security provision). Across all areas of engagement, the programme will seek to strengthen systems of accountability and transparency. UNDP is working with the government to promote accountability via civil service reform, public financial management reform and local governance budgeting and planning support. In light of the lack of explicit political will on transparency and accountability, the programme will initially support advocacy and stakeholder engagement, in order to build the constituency in support of anti corruption work. Over time, however, the work in the area of local government support and service delivery will be used as entry points for advancing issues of accountability and transparency. 6.3 Somaliland Somaliland can be described as a post conflict region. Significant opportunities exist to strengthen governance capacities in Somaliland and to encourage authorities to pursue a reform agenda in the areas of institutional development, security and justice. The GROL Programme will proactively support the implementation of nationally owned development plans and encourage sustained institutional capacity development strategies towards effective delivery of government services in the areas of local governance, public financial management, civil service, community security, justice, and policing. The programme will support institutional development through a complementary approach, working to build and safeguard core capacities (financial management, civil service and planning) so as to reinforce basic functioning of national systems, whilst fostering the required space and confidence at different levels of governance to identify and act upon priorities for broader reform. Attention will initially focus on the Ministries of Finance and Planning, but will extend to the Ministries of Interior and Justice, noting that governance and the rule of law must work in tandem to ensure that sustainable gains are made in longer term development. On planning, the programme will support the implementation and monitoring of the Somaliland National Development Plan, and work to strengthen participatory planning processes at the national, regional and district levels, and improving cooperation and coordination between these different levels. Efforts will be made to encourage the Ministry of Planning to work with other ministries to undertake a prioritization process and to align budgets with these priorities. This work will take place alongside efforts to improve information on, and management of, aid flows, ensuring that the ministry s management information system (development assistance database) is fully operational and used consistently for monitoring and reporting purposes. Somaliland authorities will be encouraged to reform the civil service and work to reinforce the capacities and influence of the Civil Service Commission. Whilst continuing with the training of civil servants through the Civil Service Institute (based on an assessment of the impact and quality of the training provided to date), greater attention will be paid to building inter ministerial/cabinet level consensus and endorsement of priorities for reform across government. In order to encourage cross ministerial agreement on critical civil service reform priorities, the programme will support the placement of technical advisers either in the Office of the Presidency or in a secretariat to the Cabinet. 43

52 The programme will also support functional reviews of the ministries of planning, finance, interior and justice, and then work with these ministries to ensure that they have a clear mission and vision as well as responsibilities and the systems and capacities in place to deliver their functions effectively. The human capacity of the ministries will be strengthened through the provision of leadership training for directorate generals and short term technical assistance and mentoring schemes for graduates. Across the board, the programme will broaden its approach beyond the past focus on formal technical processes to working more with civil society, community groups and elders so that basic financial management, planning and civil service reform processes are understood by a wider section of the population, and that this leads to a greater demand for reform processes. The programme will also support the government in creating a peace building and community security architecture, which complements the UN JPLG and mandates government at a central, regional and district level to partner with civil society in order to prevent, assess and respond to conflict and insecurity. It will also support the capacity of the national level of this architecture, under the auspices of the Ministry of Interior, to develop and implement a peace building and community security policy, with specific strategies and approaches for preventing conflict through dialogue, as well as conflict sensitive development initiatives that cross clan lines. The programme will work through SIDP and other specialized agencies to move forward on institutional development for the state organs dealing with security apart from army and intelligence, as these are outside UNDP s mandate but taking into account modern security sector governance principles across the board. At the level of local government, progress in decentralising administrative and sector functions has been slow in Somaliland, as has fiscal decentralisation. So, while the districts are given the primary responsibility for service delivery, they lack the corresponding financial and human resources to fulfil this mandate. Over the four year period, the programme will also work with the UN JPLG to expand the capacity development of local government into 10 new districts based on agreed criteria, principles and priorities (thereby covering 26 districts by the end of 2015), concentrating on developing systems to ensure more effective service delivery and to raise and manage public finances. In doing so, the programme will seek to ensure synergies between local and national level planning as well as support the increase of planning capacities across the board, including in selected sectoral ministries at the local level. The programme will also work with the district councils, police, elders, civil society, women and youth, to ensure that district development frameworks integrate the concerns and priorities of Somaliland citizens, including security and justice priorities, and that these then inform, and are supported by the local development fund, local authority budgets, UNDP s PREP program and bilateral donors. In the area of public financial management, the programme will continue to support the Somaliland authorities to improve revenue collection by expanding the capacity and coverage of Inland Revenue offices and by assisting the Inland Revenue authorities to develop strategies to increase the revenue collected from large private sector companies. It will also work with the government and civil society on tax education and with the new Anti Corruption and Good Governance Commission to raise awareness and to prevent corruption. In the area of policing, GROL will engage in police reform and security governance strengthening agenda, including support to the Ministry of Interior, the professionalization of the police (including strengthening internal planning and policy capacities, improving command and control, the establishment of model police stations, and introduction of a rank structure, uniforms and equipment), the development of the maritime police, as well as the introduction of community based policing initiatives. One goal will be the development of civil society capacities to monitor, oversee and review the security sector from the standpoint of modernization and human rights observance, as well as modern security sector reform principles. Enhancing municipal level accountability continues to be central and the programme will work through its Local Governance Project to promote the implementation of the current Municipal Powers Act which contemplates local level police engagement. 44

53 The programme will broaden access to justice support in Somaliland by expanding its engagement at the community level through the development of paralegals networks as part of a new legal empowerment model, involving awareness raising on laws, rights and how best to navigate through modern and traditional mechanisms for accessing justice and security through mediation and community engagement. The network of paralegals will also help to ensure that the programme engages more with informal justice systems by, for example, learning more about the cultural norms that influence the workings of traditional courts and the decisions of elders, while empowering citizens, particularly women and youth, to take active roles in decision making processes. The programme will be guided by women s groups and local human rights bodies as to the best way to engage with informal structures, taking into account the respect that such leaders command in Somali society, but from a principled position of advocates of international human rights norms and women s rights in particular. The programme will also work with the district councils, police, elders, civil society, women and youth, and the JPLG to ensure that district development frameworks integrate security and justice priorities, and that these then inform, and are supported by, local authority budgets, UNDP programmes (GROL and PREP), and bilateral donors. These frameworks, associated committees and dialogue processes will help to inform the roll out of community based policing in priority districts. The programme will also support the implementation of Youth for Change, the joint UNDP ILO UNICEF social and economic reintegration project for children and youth in Somaliland. Based upon the successes of the Youth at Risk pilot project in Somaliland, Youth for Change will target over 3000 children and youth who are either at risk, or already engaged in crime and violence. Mindful of the need for Somaliland authorities to sustain and manage youth rehabilitation programmes in the long term, in synergy with the Access to Justice Project, the government will be assisted with guidelines for alternative sentencing for youth who have committed petty crimes and help explore options for parole mechanisms. It is envisaged that the programme will strengthen its support for Somaliland s Parliament (working with both the House of Representatives and the House of Elders). In collaboration with implementing partners, the programme will focus on supporting parliamentarians to pursue compromise and to participate in making decisions and reaching consensus on contentious issues of national policy through the legislative and committee processes, and cross party caucuses. Training on leadership issues will be supported (in collaboration with training on anticorruption envisaged under the Joint Programme on Integrity, Transparency and Accountability with UNODC). Working with the Ministry of Labour and Social Affairs, the programme will also seek to increase the number of women in parliament and ensure that they have the necessary leadership skills to perform their role. The National Gender Policy and Strategy created in 2009 stated that 30% of the representative roles at the national and local level should be reserved for women. At both level the actual representative figures remain below 5%. 6.4 Emerging Administrations in South Central Somalia With the retreat of Al Shabab and the advances of AMISOM and the TFG army (alongside other African country interventions), the programme will cautiously explore (with UNPOS and the UNCT) opportunities to engage with other self declared regional authorities in South Central, such as the Galmadug, Heeb and Himan administrations. To date, these largely clan based Diaspora led entities have maintained a degree of stability in their areas. Some would appear to enjoy a good level of legitimacy with local communities; others are seen as proxies for the armies of neighbouring states Ken Menkhaus, Conflict Analysis: Somalia, p18. UNPOS. December

54 The TFG has prioritized the achievement of the following key objectives in order to attain stabilization and reconciliation in the newly liberated areas: local reconciliation and good governance through support to bottom up participation, leadership, and accountability towards improved services and dialogue the development of accountable, democratic and effective local decentralized administrations towards the sustenance of peace and the move towards the recovery of the social wellbeing of the Somali people comprehensive support to the return of rule of law, focusing on security forces, policing, judiciary and correctional activities the expansion of peace dividend projects leading to primary services with a focus on education, health and basic infrastructure improved coordination and communications between the government and international community in order to ensure aid effectiveness and a more coherent message to the Somali population A first step for UNDP engagement with the emerging administrations will be the development of clear principles to guide any support, including agreement on the basic requirements that any regional authority must meet These should build on the principles for international support endorsed at the London Conference on Somalia 44, and should include, for example: the need to include more than one sub clan and support cross clan alliances, being committed to becoming representative of citizenry in an area, being able to administer and impose law and order, being committed to peace and renouncing terrorism, and being willing to engage in an inclusive dialogue. In the short term, the GROL Programme will respond to the priorities of these entities, as appropriate, while engaging in a thorough conflict, political and economic analysis, with a view to formulating longer term development initiatives. Engagement in these emerging administrations will be guided by do no harm principles and learning by doing whilst supporting the TFG s strategy for engagement. 7. BENEFICIARIES AND PARTNERSHIPS UNDP s role as a development actor is to prioritise areas of specific comparative advantage and actively partner for the rest. This programme focuses on a set of issues that have strong inter linkages whilst making credible demands on UNDP s technical competence and operational reach. As part of this approach, UNDP will work with partners to strengthen a coordinated dialogue on governance priorities and enable aligned delivery on the basis of coordination and shared plans. Simultaneously, UNDP recognises that that although it has global expertise and resources in areas beyond this programme, other actors may be more suited to take the lead in Somalia, and comparative advantage should be assessed according to context. 7.1 Intended Beneficiaries Ultimately, the beneficiaries of the governance and rule of law programme are the people and authorities of Somalia. The successful achievement of the programme objectives should result in a safer, more just and more peaceful Somalia, with more responsive and inclusive institutions that promote public participation in policymaking. The programme s emphasis on empowering Somali citizens and authorities will bolster democratic governance by way of improved state societal relations and a greater capacity to address conflicts in a nonviolent manner. 44 London Conference on Somalia: Communique, Annex C: Principles for international support (non-humanitarian) to local areas of stability in Somalia, 23 rd February

55 The direct beneficiaries of the programme are the core institutions responsible for governance and rule of law in Somalia. These institutions will benefit from programme activities through support for institutional capacity development and extension of services provided by civil society to the broader population. These include regional institutions such as the ministries of planning, interior, security, justice; local level institutions including district councils, district security committees; service providers such as courts (formal, customary, sharia), prosecutors, police forces and legal aid providers, oversight bodies such as the PAC and civil society organizations, and women and youth associations and networks. The international community will benefit as outlined in the February 22 London Communiqué as will Somalia s neighbouring states currently devoting considerable resources for the maintenance of their military presence in Somalia. The programme will be well positioned to assist Somalis and the international community reap the political benefits of the on going military roll back of Al Shabaab and the capacity of a federal government in Mogadishu to attain legitimacy and govern peacefully. 7.2 External Partnerships UNDP Somalia works in partnership with government authorities (federal, regional and local) and local NGOs and civil society with the TFG in Mogadishu, in Somaliland and Puntland. Key partners include government ministries, district councils, police forces, courts and other community based governance and rule of law service providers. As the UNDP Resident Representative also serves as the UN Humanitarian Coordinator in Somalia, UNDP Somalia plays a key role in the UN Country Team s coordination mechanism. UNDP is the lead for Outcome Three of the UNSAS, leading coordination of all agencies working in the areas of governance, rule of law and human security. Agency partners in Outcome Three include UNODC, UNICEF, IOM, UNHCR, OCHA and UNPOS. In addition to leadership of UNSAS Outcome Three, the Country Office has bilateral partnerships with several UN agencies. UNDP is part of the only current Joint Programme in Somalia, on Local Governance and Decentralization. The JPLG aims to ensure that local governance contributes to peace and equitable service delivery in selected locations. This initiative includes collaboration with four other UN agencies (UN Habitat, ILO, UNCDF and UNICEF), for which UNDP also serves as administrative agent. A two year two year Joint Programme on Accountability, Transparency and Integrity is under development in collaboration with UNODC and the World Bank. UNDP has previously developed joint initiatives with a number of UN agencies. These initiatives will be incorporated and built upon: A three year initiative with UNODC to build capacity to prosecute and try piracy and enact anti piracy law, within a broader framework of strengthening access to basic structures for administration of justice in Puntland and Somaliland 45 ; A three year Justice for Children project with UNICEF; and A two year initiative with UNICEF and ILO to promote community security through engagement with youth at risk 46 across Somalia. 45 UNDP and UNODC have received funding for a piracy trials project, and a project to build capacity of the judicial systems to prosecute and try piracy and to enact anti-piracy law from the UN Trust Fund to Support Initiatives of States Countering Piracy off the Coast of Somalia. 46 Promoting Community Security through engagement with Youth at-risk in Somali Regions A joint initiative by UNDP, UNICEF and ILO, 10 December,

56 The CO also coordinates closely with UNPOS in delivering several aspects of its governance and rule of law programme. UNDP and UNPOS collaboration on rule of law and security is coordinated through the Joint Security Committee, where the programme is represented in its police, justice and corrections technical working groups. With regards to governance, UNDP and UNPOS established a Joint Constitutional Unit to take forward work with the TFG on constitutional development and some highly selected and prioritized elements of the Roadmap. Collaboration with UNPOS is informed by the Integrated Strategic Framework for Somalia (ISF). The ISF, which will be in place until December 2012, defines the UN s priority strategic objectives that focus on peace building across the whole of Somalia. It identifies results, timelines and agency responsibilities to achieve the objectives, and outlines a monitoring and evaluation mechanism for the framework. The ISF draws on a review of the existing UN strategies and UN Security Council mandates for UNPOS and UNSOA in addition to the development and humanitarian objectives of the UN as articulated in the UN Somali Assistance Strategy (UNSAS), and the Consolidated Appeal Process (CAP). The ISF is an internal UN document that allows the UN to consolidate its existing activities towards prioritised peace building objectives, leveraging the different strengths of the UN agencies, funds, programmes and mission capacities to achieve them. It is anticipated that the ISF and UNSAS will be merged in UNDP will remain a key player in future coordination on development assistance in Somalia. The strengthening of strategic relationships with other international stakeholders is a key priority for the country office. Partnerships have been developed with a range of donors, including EU, Denmark, France, Germany, Italy, Japan, Norway, Sweden, Belgium, the UK and USAID. In addition, South Korea, Greece, UAE and various trust funds have contributed to UNDP s development portfolio in Somalia. UNDP s anti piracy response is led by the programme through criminal justice land based measures, and is earning steady support and recognition from the Contact Group on Piracy off the Coast of Somalia, resulting in successful applications for resources from the Counter Piracy Trust Fund. UNDP Somalia will also continue to convene regular meetings of the international donor community to discuss the Governance and Rule of Law Programme portfolio as well as its analysis of the developing situations. 8. SUSTAINABILITY The current nature of Somalia s institutions, their significant capacity development needs, and the dearth of public and private funding is such that many more years of development and stability may be e needed before the programme will be able to transition to national owned self sustainability. Sustainability of programme interventions will be encouraged on four levels: i. close alignment with Puntland, Somaliland and TFG key national planning frameworks and support for government officials to develop and maintain political buy in ii. emphasis on capacity development (and, in particular, on organizational effectiveness as opposed to piecemeal training of individuals) that will foster effective uptake of responsibilities by authorities and civil society iii. investment in civil society capabilities to act as watchdogs and exert pressure on officials and elders to develop and maintain a commitment for all Somalis iv. emphasis on empowerment of citizens and communities to access their rights and express their concerns in order to enhance the responsiveness of local authorities and service providers 48

57 All instruments of programme implementation contain a sustainability clause obligating counterparts to develop, with UNDP support, a sustainability strategy encompassing less reliance on UNDP and more on central government budgets. This too will be a matter of development and peace consolidation as administrations in the three regions devote a more than two thirds of the meagre budgets to security (up to 80% in the case of Puntland according to its own accounts!). Improvements in revenue collection and civil service reform will be central to attain such a goal. Capacity development for sustainability is a fundamental strategy of the programme and will be a strong feature of all aspects of programme support. Increasingly, the programme will work to provide support through the government institutions as they demonstrate more capacity. For example, it is envisaged that mobile courts will increasingly be coordinated and administered through the Supreme Court, and the Ministry of Justice will play a larger role in coordinating and developing sustainable core support for legal aid activities, as contemplated in their constitutions. More emphasis will be placed on empowering and training NGO counterparts to enhance their organizational, management and communications abilities and strategies, all crucial to reduce dependence on UNDP. 9. RISKS AND MITIGATION STRATEGY This programme will contribute to the UNCT Risk Management Unit, and will further support UNDP s capacity to monitor, evaluate and report on risks. In particular, the programme will use various strategies to mitigate the potential politicization, misuse or misappropriation of funds by stakeholders. Key to effective mitigation measures is strong direct staff presence on the ground and strengthened engagement with the beneficiary communities Risk Assessment Risks that would endanger the success of the UNDP programme as a whole include: the serious degradation of the security situation, an increase in political tensions leading to further instability, capture of key government institutions and financial flows by pirates, a general lack of political support to the programme by government counterparts, the committing of serious human rights violations by the police, low budget allocations to justice ministries and courts, relative disregard of the principle of separation of powers, low levels of political will to work or even recognize civil society work, and perception by Somalis that UNDP is supporting the TFG and government authorities in Somaliland and Puntland, at the expense of communities. A further set of risks concerns operational issues, such as the transport of equipment and asset management and maintenance as well as the rehabilitation of buildings. The security situation could prevent access to different parts of Somalia and endanger the delivery of assets. The security situation could also have a direct impact on the rehabilitation of buildings since it would hinder or prevent the effective monitoring of progress and quality assurance. There is also the risk that procured equipment would not be properly maintained and managed. A risk analysis will be undertaken with the UNCT and UNPOS regarding the likelihood of programme partners (in the Somali security sector) committing grave violations of human rights. The analysis will be shared with the broader UNCT and RCO. Together with the RCO, the programme manager will determine the scale and nature of the risks facing the programme and these will be logged by the programme (in the risk matrix) and the RCO. On a 12 monthly basis or as convened by the RCO, the programme will review the risk environment and update the analysis with the RCO. Risk levels (impact and probability) to the programme are highest in South Central and 49

58 Puntland. In Somaliland, overall programme risk levels are lower, with the exception of the Sool and Sanaag provinces. See Annex A for a detailed risk matrix Risk Mitigation Mitigation of overall programme risks consists primarily of continuous monitoring of the political situation with the support of UNPOS, continuous monitoring of delivery of key results, regular joint planning sessions with programme partners, and a flexible programme design that allows for adjustments in programme activities in order to respond to the on set of risks. The Country Office will also improve its communications and clearly articulate its mandate and progress against strategies to ensure that negative perceptions regarding UNDPs support to Somalia are avoided, whilst demonstrating how UNDP s support to government, civil society, Somali institutions and communities is enhancing the lives of ordinary people. The mitigation strategy also includes prioritizing institutional capacity development of governmental and nongovernmental counterparts, increasing engagement with elders, sheikhs, community leaders, and indigenous civil society organizations, placing an emphasis on conflict sensitivity in all programme activities, as well as strengthening outreach to Somali communities. The programme will also seek to increase its reliance on national staff in order to build their capacities. In order to mitigate and reduce the risk of any human rights violation by UNDP s national partners, the programme will undertake sustained advocacy, training and capacity building on protection and human rights awareness and implementation integrated into programme activities. In terms of asset delivery and management and infrastructure rehabilitation, the programme will seek to establish specific arrangements with the Somali Police for delivery and premises protection in Mogadishu, whilst relying on the special protection units to provide such protection in Puntland and Somaliland. Regular assessments of the political and security situation will inform all programme decisions and help to determine if additional security measures are required. 10. KNOWLEDGE MANAGEMENT Knowledge management (KM) is a set of activities, processes and policies which enable organizations to apply knowledge to improving effectiveness, innovation and quality. KM processes aim to turn personal knowledge into corporate knowledge, and corporate knowledge into individual capacity. In UNDP terms, KM is associated with various forms of knowledge generation, collection, codification, sharing and application. In recent years, UNDP has established processes for gathering, distilling, organizing, and presenting information in ways that improve staff understanding in key substantive and administrative areas; and that allow the organization to operate more efficiently, and gain insight and understanding from its experience on the ground all with the aim of using knowledge to further human development. Recognizing that UNDP Somalia interventions on justice and security issues thus far have not been sufficiently documented and reflected upon, the programme will undertake deliberate KM activities in order to leverage lessons learned from activities in different regions as a means of facilitating replication elsewhere. The primary target group for KM activities will be UNDP programme staff in Somalia and Nairobi, national counterparts and 50

59 programme staff from other UN agencies, and international development actors working in Somalia, as well as other UNDP regional centres and country offices around the world. The programme will be in better position to measure its own and others effectiveness in peace building operations in conflict settings which demand differentiated treatment instead of reliance on universal standards. Measurement needs to be closely connected to shifts in ground level realities and recognize the limits of the technical and strictly quantitative methods when employed in a Somali like context. More focus will be placed on achievements but clarity is also important for the acknowledgement of failures and risks, to insure more balance in reporting, closely factoring in detailed attention to the three local context of Somalia. Of crucial importance to Somalia will be the effort to relate its monitoring and evaluation not simply to project management but possibly to overall peace building and stabilization strategic initiatives. For example, the testing of the assumption that the formal legal and policing systems are the best means to peace or whether greater impact could be achieved by working on hybrid models more closely corresponding to culture and the immediate needs of people on the ground. Or, for example, studies finding that peace operations deriving directly from UN resolutions and mandates are often loaded with universal pre assumptions (and indicators and monitoring tools) or theories of change increasingly removed from particular contexts 47. The programme will continue to give such indicators a local expression based on in depth knowledge and data of local conflicts and/or culture. Other KM activities may include (but will not be limited to): Improved utilization of information management and quarterly reporting systems for the programme Development of a series of justice and security baseline assessments and institutional capacity assessments (in partnership with the OCVP and other counterparts) Organizing regular surveys to measure citizen perceptions of police and justice service delivery Analysis and codification of lessons learned through generation of discrete knowledge products such as reflective lessons learned papers, comparative experience papers and how to guides 48 Hosting of exchanges with other COs on issues of legal empowerment beginning with East Timor in 2012 to examine, with partners, the application of programming in women s rights Contributions to BCPR Community of Practice Knowledge dissemination through existing UNDP global mechanisms, especially the Crisis Prevention and Recovery Practice Network (CPRP net) Proactive showcasing of the programme activities in regional and international fora Organization of a strategic, accessible thematic workshop on women and justice and security in contexts of legal pluralism, open to international development agencies, bilateral partners, and civil society Conducting peer assists and detail assignments, whereby programme personnel will deploy to share knowledge and insights with colleagues embarking on similar projects Taking part in action reviews, whereby programme staff with particular expertise (especially in access to justice, community security, civilian police, and women s safety and security) will deploy to review related projects or activities and harvest lessons learned 47 See Stephen Eric Stave, Measuring peacebuilding: challenges, tools, actions, NOREF Polilcy Brief, Norwegian Peacebuilding Centre (No. 2, May, 2011), 48 Knowledge products will be based on the templates presented in UNDP, Knowledge Management Toolkit for the Crisis Prevention and Recovery Practice Area,

60 11. MANAGEMENT ARRANGEMENTS The Governance and Rule of Law Programme will be executed by UNDP Somalia utilizing a combination of direct implementation, partnerships with government and administrative counterparts, and I/NGO implementation modalities, under the overall coordination of the programme board and in line with UNDP s results based management approach. UNDP Somalia will take full responsibility for the achievement of programme objectives and outputs as well as for the administration of financial and human resources. The management of allocated funds will be carried out according to UNDP financial rules and regulations, based on a four year workplan ( ) with a detailed budget. UNDP Somalia will be responsible for managing and reporting back to donors on the resources allocated to the workplan. The management structure of the programme will be as follows: Programme Board In order to provide overall strategic guidance and oversight for the GROL, programme boards will be established for each region. Its members will meet biannually to review the overall programme workplan and provide guidance and assistance in resolution of any difficulties experienced during implementation. They will also be responsible for overseeing programme reviews on an annual basis and at other designated decision points during the course of execution. Moreover, the programme board will act as a coordination mechanism to ensure that initiatives in Somaliland, Puntland and Mogadishu/South Central Somalia are harmonized and able to achieve the maximum level of complementarities and synergy. The programme board will consist of the following roles: Executive, representing programme ownership, and acting as chair of the board, in this case, the UNDP Deputy Country Director Programmes Supplier, to provide services for implementation of the programme, individuals or groups representing the interests of the parties concerned which provide funding and/or technical expertise to the project. Typically includes implementing partners, UNDP, donors. Beneficiary, to ensure the realization of programme benefits, in this case, representatives of the relevant institutional stakeholders as nominated by the governments of Puntland, Somaliland and the federal government as well as competent CSO representatives Programme Assurance The programme assurance role supports the programme board by carrying out objective and independent programme oversight and monitoring functions. This role ensures appropriate programme management milestones are managed and completed. Programme assurance has to be independent of the programme manager; therefore, the programme board cannot delegate any of its assurance responsibilities to the programme manager. At the UNDP Somalia Country Office, the programme assurance role is held by the programme specialist and the country office monitoring and evaluation specialist Programme Management The GROL Programme will be headed by a programme manager. The programme manager will have the authority to oversee programme implementation and decision making on a day to day basis on behalf of the programme board. S/he will be responsible for day to day management and decision making for the GROL Programme and will ensure that the programme produces the results specified, to the required corporate standards and within the constraints of time and cost. 52

61 The programme manager will also liaise closely with the Head of Office in Somaliland and Puntland (in the future, Mogadishu), to ensure the effective implementation of the regionally differentiated strategies. S/he will report to and work under the guidance of the UNDP Somalia Country Director and Deputy Director Programme. The programme manager will convene bi weekly working level meetings with the managers of each project area to ensure effective horizontal collaboration. Monthly working level meetings will bring together the project managers from the GROL pillars to ensure that collaboration is maximized in advancing CPD outcomes and governance and rule of law outputs. In addition, the programme manager will have overall responsibility for coordination with external actors (Somali authorities, UNPOS, bilateral partners) on the GROL Programme. 53

62 Project Manager JPLG Patrick Duong, P5 Project Manager LOCAL GOVERNANCE P4 NAIROBI MOGADISHU NPPO NPPO Sr. Project Assistant NPPO/ Capacity Building HARGEISA GAROWE Project Mgmt Specialist P3 Project Mgmt Specialist Team Leader P3 NPPO NPPO Project Coordinator Finance & Admin BURAO BOSSASO Project Officer Project Officer NAIROBI GOV Programme Specialist NOC ROLS Programme Specialist NOC GROL Finance Officer NPO Project Manager SIDP P5 NAIROBI GAROWE Team Leader & Technical Team Leader & Technical Specialist, Public Financial Specialist Devlopment, Mgmt, Transparency & Planning & Aid Accounting Coordination P4 P4 Parliamentary Reform & Project Mgmt Specialist Capacity Building P3 Specialist P3 Public Sector Management Specialist Aid Coordination & P3 Effectiveness Specialist P3 Project Officer Project Officer UNV Project Assistant Project Officer P2 BOSSASO Quest Mida Coordinator Project Officer Sr. Administrative Assistant HARGEISA Project Assistant Team Leader/ Technical Specialist (Public Sector Reform) Sr. Project Clerk P4 Public Financial Mgmt Specialist P3 MOGADISHU Project Officer Public Sector Reform Specialist Project Officer P4 National Project Officer Project Assistant Project Assistant GOVERNANCE AND RULE OF LAW (GROL) COUNTRY DIRECTOR D1 DEPUTY COUNTRY DIRECTOR (PROGRAMME) P5 Programme Manager - GROL P5 Programme Specialist P4 MOGADISHU Programme Officer Programme Associate, Programme Associate ROLS G6 G6 Project Manager Project Manager CONSTITUTION CIVILIAN POLICE P5 P4 NAIROBI MOGADISHU Civic Education & Media Liaison Capacity Building Project Specialist/ SPU Specialist, Manager P3 P3 Sr. Programme Assistant National Police Expert Project Assistant Monitoring & Oversight National Project Officer Officer Project Assistant Fund Management Officer Project Associate HARGEISA GAROWE Project Mgr SPU Civilian Police Specialist P3 P3 SPU Specialist SPU Specialist UNV National Police Expert National Police Expert M&E National Officer Police Liaison Officer National SPU Specialist Project Associate Police Liaison Officer Project Associate * As of 1 July 2012 and subject to modification GAROWE HARGEISA Programme Officer Programme Officer Project Manager ACCESS TO JUSTICE P4 NAIROBI MOGADISHU National Finance Officer A2J Specialist P3 Assistant Project Officer National Project Officer Project Assistant HARGEISA GAROWE Project Mnagaement Area Project Mgr A2J Specialist P3 P3 Project Officer A2J Team Leader Human Rights Officer Sr National Judiciary Advisor Project Support Associate Human Rights Officer BOSSASO Project Support Associate Project Mgmt Specialist P3 National Project Officer Project Manager COMMUNITY SECURITY P4 NAIROBI MOGADISHU Project Officer Project Officer Project Assistant Project Officer Project Officer (Newly Accessed Areas) HARGEISA GAROWE Community Security Community Security Specialist Specialist P3 P3 DDR/AVR Team Leader DDR/AVR Team Leader 5 Outreach & Information Community Safety Officer Officer Project Associate Community Safety Officer GALKAYO Project Support Associate Project Officer BURAO Project Officer 54

63 12. MONITORING AND EVALUATION STRATEGY AND FRAMEWORK This programme recognises the need to monitor results and demonstrate progress, even if incremental, and UNDP Somalia will be responsible for on going monitoring of programme implementation guided by the UNDP Monitoring and Evaluation Framework. UNDP Somalia will embed systematic monitoring and evaluation (M&E) approaches (e.g. baseline assessments, capacity assessments of institutions and civil society) in its work. Following the finalization of the CPD, a key priority to ensure successful execution, was the development of a holistic M&E plan for the Country Office that will measure the effectiveness and success of UNDP Somalia s interventions and activities in support of the CPD. Effective implementation of M&E policies and procedures, as well as efficient management of the process will enhance the organization s capacity and credibility in implementation of successful programmes with sustainable outcomes. Using quantitative and qualitative methods, sourcing primary and secondary data, in addition to facilitating participatory practices, the framework aims to provide internal and external stakeholders with transparent information on the progress, outputs, and outcomes of projects, programmes, and strategies in order to enhance the evidence base, accountability, and learning from and for, on the ground programme operations. The principles governing the Country Office M & E framework are: Accountability: the framework will strengthen UNDPs ability to be answerable both upwards (to donors) and downwards (to communities) via the extraction and provision of specific, timely, and relevant data in an increasingly participatory manner. Evidence base: an ever increasing amount of readily available information will support in the adaptation and development of more contextually appropriate programmes and projects. Learning: using more frequent and simplified reporting requirements the framework will promote critical reflection and mutual learning so that better decisions about UNDPs actions are made and good practices and solutions can be shared. Transparency: the proactive sharing of information (in relevant modes) with all of UNDPs stakeholders, including strategies, plans, budgets, and reports to promote openness in an active and visible way. In line with the M&E framework, the GROL Programme will be responsible for monitoring its progress and delivering against the framework at three levels: 1. At country office level, the deliverables include: CO monitoring plan: A cumulative representation of all UNDP Somalia monitoring activities to occur during a given annual period to include CPD outputs indicators, significant non CPD outputs indicators, process indicators, sub outcome qualitative studies, and compliance and quality control measures. CO quarterly results report: UNDP Somalia s cumulative results per quarter, sub outcome case studies (independently gathered by communications and field M&E staff), and attribution table completed in outcome/project board sessions. Most significant change case studies: Participatory M&E that involves the collection of significant change stories at different levels of the intervention (for example programme staff, change agents, intervention participants) and collectively deciding on the most significant change (M) stories based on selected themes called domains 55

64 (UNDP Somalia s sub outcomes). The M offers a qualitative approach to monitoring that does not employ quantitative indicators, though it is possible to have a count of the stories in each domain. This will be used as a complement to other M&E methods. 2. At programme level, deliverables include: Programme monitoring plan: As a representation of programmes monitoring activities to occur during a given annual period to include compliance and quality control tasks, risk analysis updates, and programme lessons Programme bi annual report: The provision of information to internal and external stakeholders on compliance and quality control issues 3. At project level, deliverables are: Project monitoring plan: As an illustration of projects monitoring activities to occur during a given annual period to include CPD outputs indicators, significant non CPD outputs indicators, and process indicators Project quarterly results report: The provision of data / information to internal and external stakeholders on the quarterly results achieved (CPD and non CPD outputs). The primarily quantitative report will include concise qualitative information on the situational analysis, process, mainstreaming, and partnerships as well as financial management The Results and Resources Framework (RRF) incorporated into this document, is aligned to the Country M & E framework and will provide the basis for performance monitoring and reporting. Further monitoring will be performed on the basis of annual workplans prepared by the programme team. Internal monitoring will also take place as outlined below: ID Deliverables Description Schedule 1 Quarterly Quarterly financial and narrative reports will be used to Quarterly Reports review progress and provide programme and policy guidance 2 Half yearly Interim Review 3 Final Review Report 4 Audit Reports Half yearly evaluation by programme team to assess progress towards programme results articulated in the RRF and provide recommendations, including revision of work plans Final project evaluation to assess achievement of programme results articulated in the RRF and document lessons learned Annual internal or external audit in line with UNDP rules and regulations Half yearly 100% programme completion As per UNDP Somalia audit schedule Furthermore, the following tools will assist programme monitoring: A Risks Log will be maintained in ATLAS and updated quarterly through regular review of the external environment that may affect the programme implementation. The project managers will be responsible for updating this information. 56

65 A Quality Log will record progress towards the completion of activities, using the ATLAS activity definition page. The project manager will be responsible for updating this information External Evaluation and Reporting In addition to the monitoring mechanism internal to the programme and auditing of activities, independent evaluation will be conducted under the supervision of the Programme Board, and lessons learned will be continuously incorporated into programme implementation. Annual Interim Review Reports will focus on the extent to which progress has been made towards programme objectives and outcomes. Donor and stakeholder involvement in this process will be encouraged. The Interim Review Reports will be produced during the fourth quarter of each year as a basis for assessing the performance of the programme. This review will involve all key stakeholders and focus on the extent, to which progress is being made towards outputs, and that these remain aligned to appropriate outcomes; it will also include a mid point reassessment of programme objectives. At the conclusion of the programme, UNDP Somalia will initiate a full external evaluation to be incorporated into the Final Review Report, utilizing the baseline study as the principal means of assessing accomplishment of programme goals. The GROL Programme will be subject to the internal and external auditing procedures provided for in the financial regulations, rules and directives of UNDP Somalia. 13. LEGAL CONTEXT This project document shall be the instrument referred to as such in Article 1 of the Standard Basic Assistance Agreement (SBAA) between the Government of Somalia and the UNDP signed on 16 May Consistent with the Article III of the Standard Basic Assistance Agreement, the responsibility for the safety and security of the executing agency and its personnel and property, and of UNDP s property in the executing agency s custody, rests with the implementing partner. The implementing partner shall: put in place an appropriate security plan and maintain the security plan, taking into account the security situation in the country where the project is being carried; Assume all risks and liabilities related to the executing agency s security, and the full implementation of the security plan. UNDP reserves the right to verify whether such a plan is in place, and to suggest modifications to the plan when necessary. Failure to maintain and implement an appropriate security plan as required hereunder shall be deemed a breach of this agreement. The implementing agency agrees to undertake all reasonable efforts to ensure that none of the UNDP funds received pursuant to the Project Document are used to provide support to individuals or entities associated with terrorism and that the recipients of any amounts provided by UNDP hereunder do not appear on the list maintained by the Security Council Committee established pursuant to resolution 1267 (1999). The list can be accessed via This provision must be included in all sub contracts or sub agreements entered into under this Project Document. 57

66 Annex A: Risk Management Matrix Impact (I) 6 highest, 1 lowest Probability (P) 6 highest, 1 lowest Description Category Impact & Probability Countermeasures / Management Response Owner Date Identified Last Update Status Outbreak of violence or serious deterioration of the security environment in Somalia Environmental Security Programme activities disrupted, possible destruction of security and justice institutions, possible removal of staff from suboffices. I = 5; P = 5 Programme team (in close cooperation with UNPOS and UNCT) will adjust programme activities to changes in the security situation. Increased use of civil society organizations, universities, legal aid centres and paralegals to implement activities. PM Inception Serious deterioration in relations between UNDP Somalia and other key stakeholders, such as TFG or Puntland Government Environmental Political Hostile operating environment for programme personnel I = 5; P = 3 Maintenance of respectful, collaborative approach and transparency; vigilance in regards to developments relating to transition period for TFG, etc. PM Inception Insufficient involvement of key stakeholders in defining and steering programme implementation Operational Organizational Adverse impact on political and administrative willingness to support programme activities I = 5; P = 2 Open, consultative programme planning and development approach; close coordination with key counterparts in each region; inclusion of senior stakeholder representatives on Programme Board PM Inception Lack of access to justice due to implementation of national security measures (Puntland & Somalland) and collapse of key justice institutions (Mog/) Environmental Security Somali s disenfranchised with justice and security providers; increase in violations of human rights; possible violent response by victims; adverse impact on legal aid providers and Communities Political dialogue and advocacy to encourage Somaliland and Puntland to repeal Public Order Laws and ensure that the principle of due process is applied; outreach mechanisms increased, including provision of legal aid, mobile courts, paralegals, etc. PM Inception I=4; P=5 58

67 Serious abuse of human rights by police Environmental Political Organisational Somali s disenfranchised with justice and security providers; UNDP associated with violations of human rights and programme dis credited Enhance human rights monitoring; regular meetings with UN agencies to share information and follow up on reports of abuse; political dialogue with government counterparts PM & CD Inception UNDP I=4; P=3 Formal and traditional justice systems and police do not cooperate leading to high numbers of Somalis detained at police stations, on remand in prisons or let off (impunity) Environmental Security I=4; P=4 Joint training of judges & police; stronger engagement with elders and community leaders; increased use of paralegals mobile courts and legal aid providers PM & Proj M Inception Control of programme resources by non state armed groups Security Distribution of programme resources (such as training and employment opps) could be captured by a militia group or create tension between different militia. Monitoring of Ds by JPLG; training of D in conflict sensitivity and transparent and accountable processes; support for projects identified in DSPs only in order to reduce possibilities for support to inappropriate projects PM & Proj M Inception I=5; P=2 Lack of acceptance or resistance by communities prevents reintegration of youth at risk Security Youth become demotivated and return to criminal or violent activity I=5; P=2 Participatory planning and community mobilization; practical support for community (linked to a priority identified in DSP) PM & Proj M Inception Significant shortfall in resource mobilization from bilateral partners Operational Organizational Scarcity of resources for programme implementation, necessity of scaling back activities and revising expected outputs Strengthening of relationships with bilateral donor partners, involving timely reporting, regular meetings and alignment of programme priorities with articulated donor interests. PM Inception I = 5; P = 3 59

68 Poor cooperation with UNPOS and UNCT agencies, competition between these organisations, weak coordination Operational Organizational Confusion, inefficiencies, loss of political support and buy in I = 3; P = 3 Effective engagement in JPU and Police and Justice Working Groups, engagement in assessment missions and planning processes with UNPOS to establish clear division of roles (during last year of ISF), regular coordination meetings with other UN partners (UNICEF, ILO, UNODC, UNCDF, UN HABITAT) PM Inception National partners are targeted because of collaboration with UNDP Security Organizational I=3; P=3 Reduce exposure through low profile approach in sensitive areas; training of partners on security and safety measures; increased delivery through s and NGOs CD, PM, Proj M Inception 60

69 Annex B: Governance and Rule of Law Programme Results and Resources Framework UNDP GOAL 3: Supporting crisis prevention and recovery UNSAS OUTCOME 3: Good governance and human security UNDP SOMALIA OUTCOME 1: Somali women and men and authorities are better able to build peace and manage conflict UNDP SOMALIA OUTCOME 1 INDICATORS (GROL attribution): 1(a) # of security incidence, disaggregated by region 1(b) # of targeted authorities, CSOs, and private sector actors that demonstrate improved ability to build peace and manage conflict 1(c) % of target population satisfied with local level structures response to conflict issues 1(d) % of target population satisfied with involvement in peace processes 1(e) # of zonal and cross zonal structures that promote, coordinate, and consolidate peace 1(f) # of internationally recognized mechanisms instituted at the sub national, federal and regional level to consolidate peace OUTPUTS CPD INDICATORS BASELINES TARGETS INDICATIVE ACTIVITIES PARTNERS INDICATIVE FINANCIAL RESOURCES Constitution based upon consultation with civil society and negotiations with key stakeholders completed and ratified (non CPD output) Level of support for the draft Constitution is high, medium or low (non CPD indicator) 2011: : low PL: medium SL: NA 2015: : medium PL: high SL: NA Targeted civic education, media and public information campaigns on the new constitution carried out across Somalia Political stakeholder consultations on critical/contentious issues Technical assistance to key stakeholders on constitutional and legislative drafting, research and analysis federal institutions, state governments, civil society organisations media organizations 5,000,000 Capacity building and institutional support to stand up and convene the maximum member 1000 National Constituent Assembly (NCA) 61

70 OUTPUTS CPD INDICATORS BASELINES TARGETS INDICATIVE ACTIVITIES PARTNERS INDICATIVE FINANCIAL RESOURCES Conflict analysis and research capacities further developed in partnership with local stakeholders Enhanced conflict resolution, mediation, responsiveness and dialogue capacities of authorities Improved capacity of religious and traditional authorities and civil society, particularly youth and women s organizations to Level that key partners development interventions are conflict sensitive is high, medium or low Level of public confidence in authorities to deal with conflict and human rights is high, medium or low Number of religious and traditional authorities, and civil society organizations Low Medium Strengthen the capacity of the Observatory on Crime and Violence Prevention (OCVP) network (SL, PL, SoCe) to undertake policy oriented research, data management, conflict analysis and baseline assessments to inform national and local level security sector and peacebuilding planning in SL, PL and Support peace building units in ministries of interior or security to undertake mediation, to collect and analyse data from districts and regions and to develop monthly situation reports that can inform peacebuilding responses (nationally, regionally and locally). Support local authorities (District Council) to carry out District Safety Assessments and integrate safety and security into local government plans (District Safety Plans (DSPs) and District Development Frameworks (DDFs) with the collaboration of District Safety Committees and the Observatories. Low Medium Training of District Safety Committees (Ds), traditional authorities and civil society organizations to engage in collaborative conflict prevention and peace building processes in a human rights framework. Strengthen the peace building architecture (national, regional and district levels) to encourage timely responses to conflict risks,, peacebuilding and conflict sensitive programming, balancing civil society and governmental efforts. 2011: 150 civil society and women leaders and elders (Civil Society 2012: 1000 member NCA has 30% women Civic education on constitution and local government policies/laws, roles and responsibilities/expectations of citizens Support training for community Observatory of Crime and Violence, Ministry of Interior, Ministry of Security, District Safety Committees District Safety Committees, CSOs, Ministry of Interior, Ministry of Security federal institutions, state governments, civil society 1,250, ,000 2,500,000 62

71 OUTPUTS CPD INDICATORS BASELINES TARGETS INDICATIVE ACTIVITIES PARTNERS INDICATIVE FINANCIAL RESOURCES engage with government and participate in dialogue, conflict management and peace building processes engaging with government and participating in dialogue, conflict management and peace building processes Level of women participation in formal and informal peace building processes is high, medium or low Conference on the Roadmap) 2011: low 2015: medium groups (including elders, women s and youth networks) on local government and participatory processes Develop systems for regular public information/outreach by councillors and other local government officials to constituents Undertake capacity needs assessments of key national NGOs, including youth and women s organizations and networks, to ensure an organizational development, projection and sustainability. Build opportunities for dialogue and more timely and effective collaboration between the police, elders, community leaders, women and youth to foster trust and confidence in government to addressing local safety concerns in a participative form. organisations media organizations, relevant ministries, CSOs, Police, Traditional elders, women and youth groups, Ministry of Interior, Ministry of Security Communities are better able to ensure safety and prevent violent conflict at the local level, including over natural resources Number of peacefully resolved conflicts 2011: No data currently accessible (SL, PL, ) * Baseline study being conducted on # of reports of civil unrest and human rights violations in 2010? *Human Rights Watch reports extensive violations across, August : TBC (SL, PL, ) Capacity building and conflict management at the district/local level Support action orientated planning exercises of DCs with communities, and ensure the integration of priorities into district development frameworks Support participatory and confidencebuilding mechanisms at district and community level Identification of priority peacebuilding projects and social investments in the respective district plans and budgets through consultative processes District councils, communities, and regional administrations, CSOs, Police, traditional leaders elders, CSOs, Ministry of Security 2,500,000 63

72 OUTPUTS CPD INDICATORS BASELINES TARGETS INDICATIVE ACTIVITIES PARTNERS INDICATIVE FINANCIAL RESOURCES Structures and processes established or strengthened for cross zonal and inter clan dialogue and collaboration Number of cross zonal and cross clan initiatives focused on strengthening cooperation, security, environmental protection, and/or stability Support forums and on going local level dialogues to bring together police, elders, community leaders and civil society to discuss safety concerns and perceptions of police responsiveness, and to facilitate cooperation and local oversight. Support the development of a network of community mobilisers to better and effectively manage violent conflict in an appropriate, inclusive, and preventive manner District councils, communities, and regional administrations, CSOs, Police, traditional leaders elders, CSOs, Ministry of Security 300, Peace building, state building and democratization enhanced by awareness raising on principles of federalism, decentralization and devolution of authority from central to regional, state and local government Number of federalism, decentralization, and devolution of authority awareness raising campaigns implemented Number of people reached by federalism, decentralization, and devolution of authority awareness raising campaigns, disaggregated by age, gender and clan 2011: 13 campaigns in 13 district councils (JPLG) and 3 constitution awareness raising campaigns 1,000,000 people reached through media programmes on constitution 2013: 20 campaigns 2015: 2,000,000 people Targeted civic education, media and public information campaigns on the new federal constitution carried out across Somalia Support consultative processes between state level governments and district councils on decentralization and devolution of authority in PL and SL Local governments, regional administrations, district councils, CSOs, media organizations 1,000, Citizens have better understanding of their rights under the constitution, subnational constitutions, local and international laws Number of CSOs with the technical capacity to raise awareness on citizen rights under the constitution Number of constitution consultations 2011/2012: 120 CSOs 2011/2012: 2 (Entebbe, Mogadishu) 2011: 3 programs 2014: 300 CSOs 2015: 6 (2 per year) 2015: 8 programs Targeted civic education, media and public information campaigns on the new federal constitution carried out across Somalia Capacity development for community groups (including elders, women s and youth networks) on local governance, participatory processes and citizen rights under the constitution Targeted public consultations on the Media organizations, CSOs, communities, elders, local administrations 2,000,000 64

73 OUTPUTS CPD INDICATORS BASELINES TARGETS INDICATIVE ACTIVITIES PARTNERS INDICATIVE FINANCIAL RESOURCES UNDP GOAL 3: Supporting crisis prevention and recovery UNSAS OUTCOME 3: Good governance and human security UNDP SOMALIA OUTCOME 2: Somali women, men, girls, and boys benefit from more inclusive, equitable, and accountable governance, improved services, human security, access to justice, and human rights UNDP SOMALIA OUTCOME 2 INDICATORS (GROL attribution): 2 (a) # of public institutions providing basic public services, particularly to the most marginalized and vulnerable 2(c) % of target population satisfied there has been an improvement in the provision of basic services, disaggregated by gender, region, and rural / urban 2(d) % of target population with access to court systems to resolve disputes, disaggregated by gender, region, and rural / urban 2(e) # of policies and legislation reviewed, amended, and uninitiated that uphold rule of law and good governance international standards 2(f) % of target population who have confidence in the police, disaggregated by gender, region, and rural / urban facilitated between civil society and government new draft constitution Number of media programmes aired that promote citizen understanding of rights under the constitution 65

74 OUTPUTS CPD INDICATORS BASELINES TARGETS INDICATIVE ACTIVITIES PARTNERS INDICATIVE FINANCIAL RESOURCES Enhanced capacity of public institutions for legal research and drafting to ensure that Constitution and legal reforms have broad public support Public revenue increased and managed in a transparent and accountable way (Non CPD output, but responds to 2.2.2) Number of required laws, disaggregated by draft by the legislative or executive branch, enacted by Parliament, and implemented by the executive Level that human rights are enumerated and explicitly provided for in the Constitution and/or national laws is high, medium or low % increase in annual domestic revenue collected (non CPD indicator) Parliamentary Accounts Committee reviews annual audit of accounts (non CPD indicator) Number of public servants that participated in organized training 2011: SL: 1 (Political Parties and Associations Law) : 0 PL: : Low 2011: SL: USD $ 16 million inland revenue : No data PL: No data 2011: SL: No data PL: No data : No data *on level of scrutiny by Parliamentary Accounts Committee *In SL, an audit backlog from 2007 has prevented Public Accounts Committee from reviewing audit reports 2011: : 13 (ACCA) PL: 40 (ACCA); 30 (Good Governance) SL: 41 (ACCA), : 40 federal, 20 state 2015: Medium 2015: SL, PL: Inland revenues increased, forms at least TBC of govt domestically generated revenue SL, PL: Consistent and harmonised budget classifications are in use across government institutions, used in development of national and institutional operational budgets, and in national accounting 2015: SL, PL: Parliamentary bodies exercise oversight of national budgets, expenditures and accounts and review audit of annual national accounts to a low medium level. All 66 Technical assistance to key stakeholders on constitutional and legislative drafting, research and analysis Technical assistance to key institutions to enact constitutional and transitional legal frameworks to allow for elections Capacity assessments of Ministries of Finance and Accountant and Auditor Generals Offices Technical assistance to the Ministries of Finance and Accountant and Auditor Generals Offices to support an increase in the amount of domestic revenue collected through supporting the development of Inland revenue systems and customs revenue systems Technical assistance to the Ministries of Finance, Planning and other line ministries to support the development of inclusive and transparent national budgeting processes, including supporting cooperation between ministries, civil society and budget oversight of parliament Increase transparency and accountability in the use of public funds in PL, SL, through supporting the development of accounting and audit systems, competitive practices in procurement and training of civil servants in line ministries and tender boards (including in anti corruption initiatives) Federal institutions, state and local governments, CSOs 4,000,000 14,000,000

75 OUTPUTS CPD INDICATORS BASELINES TARGETS INDICATIVE ACTIVITIES PARTNERS INDICATIVE FINANCIAL RESOURCES (Accounting) public oversight committees trained (anti corruption, audit, accounting principles) 2015:, PL, SL: Increasing number of public servants participating in organized trainings Strengthen the capacity of civil society to engage in national budgeting processes, and to raise awareness of, and advocate against, corruption Strengthen professional capabilities to manage, account and report on the public funds through training of civil servants, parliamentarians and civil society External aid is effectively and transparently coordinated, managed and used according to national and local planning processes (Non CPD output) % of aid and development projects aligned to national plans and RDP (non CPD indicator) Level to which central planning documents reflect local government priorities (non CPD indicator) 2010: DAD Somalia: 3% of projects not aligned to RDP (1% total committed funds) 33% of projects record alignment to RDP Pillar 1 (35% total committed funds) 43% of projects record alignment to RDP Pillar 2 (39% of total committed funds) 21% of projects record alignment to RDP Pillar 3 (25% of total committed funds) SL: Not aligned to National Development Plan 2010: SL, PL, : HHI for Somalia is 0.08 *reflects a fragmented society with many partners carrying out small initiatives in many sectors 2015: SL: Commitments reflect alignment according to prioritisation of NDP;. 2015: SL, PL, : HHI for Somalia is above 0.15 *a more cohesive environment with partners working collaboratively 67 Develop capacities within ministries of planning and civil society for information gathering and sharing on development assistance, using appropriate tools and methods Support awareness raising initiatives with civil society on development assistance and planning processes Provide training and assistance to government authorities in managing and updating information on aid flows (on the Development Assistance Database) Technical assistance to Aid Coordination staff to analyse aid flow information, produce reports and to use data in planning processes Support workshops and experience sharing initiatives to encourage cooperation and communication between national and international actors on strategic planning Support development of planning capacities within government institutions (national and local) through technical assistance and training of civil servants 5,000,000

76 OUTPUTS CPD INDICATORS BASELINES TARGETS INDICATIVE ACTIVITIES PARTNERS INDICATIVE FINANCIAL RESOURCES 2011: SL: Low *Local governments participated in national development plan formulation process (low) : No data (low) PL: Low 2015: SL, PL: Medium *All local governments are represented in discussions/processes relating to national planning Strengthened democratic political processes Level of progress in drafting and reviewing policy/law on electoral system laws that increasingly conform to international standards is high, medium or low 2011: SL: medium : low PL: low 2015: SL: medium : medium PL: medium Development and implementation of guidelines on the conduct of political parties Support the development of conflictsensitive electoral strategies in consultation with traditional leaders, community leaders and civil society organizations Technical assistance to key institutions to enact constitutional and transitional legal frameworks to allow for elections Federal institutions, state and local governments, CSOs, traditional leaders, INGOs 17,000, Number of political parties are institutionalized and democratized 2011: SL: 9 PL: 0 : : SL: 9 PL & : 10 Support the formation and operationalisation of the Independent Electoral Commission (IEC) Number and frequency of direct and indirect polling events 2010: SL: 1 (last 5 yrs) PL: 1 (last 5 yrs) : : SL: 1 PL: 1 : Improved functional capacities of public servants and institutions to design, enact, and implement public sector reforms including Number of public servants that participated in organized training 2011: SL: 617 : No data PL: : 2015: SL: 2000 PL: 600 : TBC Development of action plans for public institutions based on capacity assessments Development of general and specialised training curricula for public 24,000,000 68

77 OUTPUTS CPD INDICATORS BASELINES TARGETS INDICATIVE ACTIVITIES PARTNERS INDICATIVE FINANCIAL RESOURCES administrative law and process Institutional arrangements and accountability mechanisms developed that improve the effectiveness, responsiveness and transparency of the public sector, particularly in the area of public integrity and anticorruption Number of policies/reforms designed, enacted and implemented Number of public hearings held by government institutions, disaggregated by rural and urban areas Level of progress made in developing and strengthening anticorruption institutions and mechanisms is high, medium, or low SL: Cabinet level reform committee set up : Public Sector Reform not enacted. PL: Civil Service Reform concept note developed. Recruitment and selection policy was drafted but not approved. 2011: : No data PL: TBC SL: : SL: low PL: low : low 2015: Civil Service Reform strategies implemented in SL, PL, 2015: SL,PL, : Increasing trend in the number of public hearings held 2015: SL: medium PL: medium : medium servants Improved systems for providing technical support to governments, ensuring long term capacity development Development of relevant laws and policies for the public service Civic education campaigns and awareness raising on corruption and abuse of public office Development and implementation of legal institutional mechanisms to tackle corruption Training for strengthened public financial management policies and procedures CSOs, World Bank, state and local administrations, relevant ministries, UNODC 4,500,000 69

78 OUTPUTS CPD INDICATORS BASELINES TARGETS INDICATIVE ACTIVITIES PARTNERS INDICATIVE FINANCIAL RESOURCES Enhanced capacity of parliamentarians to carry out their core legislative, oversight and representation functions, particularly civilian oversight of the security sector Ratio of draft laws considered by committee that result in a plenary vote Level of effectiveness of parliamentary oversight of government is high, medium or low % of officials that have positive attitudes towards women s contribution to decision making in parliament and the executive 2011: SL: No data PL: No data : No data : Medium PL: Low SL: Low SL: No data PL: No data : No data 2015: SL: TBC PL: TBC : TBC : Medium PL: Medium SL: Medium SL: TBC PL: TBC : TBC Training of key parliamentary committees to scrutinise and analyse strategies, policies and draft legislation Technical assistance to the New Federal Parliament to enact laws required for the implementation of the new federal constitution Support training of parliamentary committees and cross party caucuses in conflict sensitivity, negotiation and consensus building, and leadership skills Independent Parliamentary Administration established Legislative priorities established in line with Constitutional framework and key development issues affecting citizens Parliamentary administration strengthened to support MPs Parliament, CSOs, other UN agencies, regional administrations 2,000, Affirmative actions are taken to increase women s representation in executive and parliament 2011: SL: Yes. Established task force on women s quota in senior govt positions 2015: SL: Yes PL, : 30% of NFP are women PL, : Yes. Roadmap signatories allocate women 30% representation in CA, NFP 2011: SL: 1 PL: 1 (not functioning) : 1 (PAC) SL, PL: 9 15% in local councils are women Increased public awareness and oversight of political decision making processes, particularly strengthened oversight and accountability of the security sector by civil society # of Parliamentary committee and civil society forums to oversee the security sector # of institutional 2011: SL: 3 (Anti Corruption, Human Rights Commission, HJC) 2015: SL: 2 PL: 2 : : SL, PL, : 20 (3 police, 13 district councils, 3 NHRC, 1 Ombudsman) Support civic education and training of CSOs (especially women s and youth networks) to enable CSOs and community organizations to engage with their parliamentarians Support regular parliamentary outreach, through public hearings and consultative forums between parliamentarians, line ministries, local government, elders and civil society 2,500,000 70

79 OUTPUTS CPD INDICATORS BASELINES TARGETS INDICATIVE ACTIVITIES PARTNERS INDICATIVE FINANCIAL RESOURCES mechanisms for receipt of public complaints PL: 2 (HJC, Police Complaints not functioning) : 3 (HJC not functioning, PAC, Police Internal Complaints partially functioning) *include targets for Civilian Policing and Community Security) on national/regional/district plans and budgets Strengthened institutional and technical capacity of police services in Somalia utilizing community and rights based approach # of government policy and practice changes consistent with CSO advocacy Number of police officers trained and carrying out duties in accordance with human rights and with mediation capacities Number of women in the police service, disaggregated by operational and senior decisionmaking roles 011: SL: No data PL: No data : No data 2015: Increasing trend in # of government policy and practice consistent with CSO advocacy Undertake a regular capacity needs assessments of the Police along with annual revisions of the police development strategy implementation; Support the Police (and MoI) in the development and/or implementation of a new Police Act (PL) and Code of Conduct, including through supporting consultative meetings involving parliament (with SIDP), civil society, elders and community leaders. Provision of technical and financial assistance to strengthen the professionalization of the police, including establishment of police reform units, development of a five year strategic plan, introduction of ranks, uniforms and case management procedures. Support the development of 38,114,000 71

80 OUTPUTS CPD INDICATORS BASELINES TARGETS INDICATIVE ACTIVITIES PARTNERS INDICATIVE FINANCIAL RESOURCES Improved credibility, efficacy and independence of the judicial system Number of legal professionals that have received legal training and / or benefited from scholarships / internships Number of citizens receiving legal aid, disaggregated by gender and age Number of legal aid centres supported Number of cases fully adjudicated in selected courts, disaggregated by criminal and civil cases Number of rape and SGBV cases, disaggregated by dismissals and convictions police and civilian firearms registries (see output 3). Support the development and implementation of a Five Year Strategy for Police Development in Puntland Provide technical expertise and support to the law reform bodies and universities for the improved and speedy drafting of g criminal laws and criminal codes revision to bring into line with international standards. Promote cooperation and joint training and on going dialogues among police, prosecutors, judiciary, human rights, women s networks and civil society organizations. Establish improved case administration and case review mechanisms with national authorities to improve collaboration and speed up the administration of justice. Support the development of investigation capacities in the police and prosecution services drawing on the local judicial authorities. Strengthening advocacy around the principle of Separation of Powers and the independence of the Judiciary, as contemplated in the respective Constitutions Support to law faculties and judicial training institutes, through equipment, infrastructure and provision of general and specialised training oriented to supporting public sector entities and networks of paralegals; Support nationally owned coordination and planning Ministry of Justice, Police, UNODC, UNPOS, OHCHR, Parliament, AG Office, Supreme Court 5,050,000 72

81 OUTPUTS CPD INDICATORS BASELINES TARGETS INDICATIVE ACTIVITIES PARTNERS INDICATIVE FINANCIAL RESOURCES Enhanced capacity of judges, lawyers and other adjudicators to reconcile and harmonize the various legal and customary rules, practices, and systems with international human rights and national constitutional and legal reforms Level of sample judicial written decisions justifying outcomes based on legal reasoning in accordance with international and national rights frameworks, and other constitutional and legal reforms is high, medium, or low exercises for the justice sector. Strengthen national judicial capacities to deal with serious crimes including rape, piracy, human trafficking and crimes against humanity. Support traditional and religious elders in regularly convening to discuss improved engagement and coordination with the formal justice sector and necessary division of labour Undertake research and South South exchanges to enhance understanding of improved programming in support of access to justice and women s rights promotion in contexts of legal pluralism Low Medium Strengthen formal and traditional rule of law institutions knowledge of human rights principles, in particular women s rights under Sharia law, crimes against humanity, the role of the ICC and the responsibilities of international and state dutybearers to uphold human rights and protect communities. Enhance capacity of formal and informal adjudicators to interpret and apply laws and customs in line with human rights standards and national constitutions. Support the implementation of nationally owned justice sector development plans: Somaliland MoJ Judicial Reform Workplan, The Somaliland Ministry of Justice Judicial Reform Work Plan, , Linkages to Somaliland Police and Custodial Corps Reform Initiatives November 2011,J Justice and Corrections Technical Ministry of Interior, district councils, Vice/President s Office, Ministry of Labor and Social Affairs, Ministry of Women s Development and Family Affairs 18,000,000 73

82 OUTPUTS CPD INDICATORS BASELINES TARGETS INDICATIVE ACTIVITIES PARTNERS INDICATIVE FINANCIAL RESOURCES Capacities of local authorities developed and regulatory processes established or strengthened to ensure accountable provision of services Existence and implementation of policies, laws, by laws and administrative regulations Level of local government capacity in administrative and technical management is high, medium or low Ratio of local government capital expenditure to total public capital expenditure # of 2011: SL: Yes, 1. Law 23 PL: Yes, 1. Law 7 : Draft bill (MCC) 2011: SL: medium PL: medium : low 2011: SL: No data PL: No data : No data *NB: most districts do not collect more than 80% of forecast revenues 2015: SL, PL: Law 23 and Law 7 amended to mandate clear functional assignments of district/ regions/sectors 2015: SL, PL: Decentralization policy developed and champion established 2015:, PL: Support development of necessary decentralization legal framework as per new constitution Working Group Plan and National Security Strategy Plan Provision of technical expertise to Ministries of Justice and Courts in policy development and strategic planning. Support horizontal international and cross regional dialogues among rule of law institutions, traditional/religious leader, and NGOs, especially women s groups to build consensus on the improvement of justice services and how to support governmental and national compliance with international human rights norms. Undertake regular capacity needs assessment of line ministries, judiciary, lawyers associations, prosecution service, and university law faculties Support the development of regional and district councils, including selection of councillors based on local dialogue Capacity development of councillors and traditional/community leaders in local governance Support action orientated planning exercises of DCs with communities, and ensure the integration of priorities into District Development Frameworks Support the development of policies and local government legislation on decentralization, decentralized service delivery (education, health, water, sanitation and infrastructure) Support the development and strengthening of local government revenue mobilization policies, systems for revenue collection and accountability, public private Ministry of Interior, district councils, Vice/President s Office, Ministry of Labor and Social Affairs, Ministry of Women s Development and Family Affairs 13,000,000 74

83 OUTPUTS CPD INDICATORS BASELINES TARGETS INDICATIVE ACTIVITIES PARTNERS INDICATIVE FINANCIAL RESOURCES accountability mechanisms put in place at the local level 2011: SL: 7 DCs PL: 6 DCs *NB planning and validation meetings on DDF/AWPB at village level 2015: SL: medium (20 DCs) PL: medium (15 DCs) : medium (5 DCs) partnership policies, public financial management, procurement, monitoring and transparency (in coordination with the World Bank) Support the implementation of the Public Expenditure Management process in all target districts 2015: SL: 12.5% as per Law 23 PL: TBC : TBC Establish and strengthen access to justice and legal empowerment for vulnerable groups including women and IDPs Ratio of cases among the various legal and dispute resolution systems The decisions of the various legal and dispute resolution systems uphold women s, girl s, and IDPs human rights 2015: SL, PL, : Increasing trend in # of accountability mechanisms Provision of technical expertise to support Ministries of Justice in the provision legal counsel in accordance with the Constitution and in insuring standards of due process and for legal counsel and government increasingly assuming this responsibility from NGO providers. Support NGO providers of legal aid and human rights assistance targeting IDPs, survivors of SGBV, and other vulnerable groups. (With UNHCR/UNICEF). Develop a community paralegal methodology that is Somali contextualized and the product of consultation with local authorities, IDP representatives and NGOs, but also international good practice Promote legal empowerment of communities through increasing the number of paralegals and the training of community mobilisers and District Safety Committees Ministry of Justice, CSOs, UNICEF, UNHCR, SARC, mobile courts, police, Ministry of Justice, UNDP, UNICEF, Save the Children, UNODC 5,000,000 75

84 OUTPUTS CPD INDICATORS BASELINES TARGETS INDICATIVE ACTIVITIES PARTNERS INDICATIVE FINANCIAL RESOURCES in rights awareness and mediation. Support the extension of mobile court services targeting women and survivors of SGBV, and undertake awareness raising in visited communities among police and community leaders all in a sustainable fashion with increasing governmental support for this undertaking to insure its sustainability Support formal service provision to survivors of GBV through specialised services within the police and legal and civil society social support services Support the development of an effective juvenile justice system in line with IHRL and foster creative approaches to supporting children and youth in the justice system and those associated with armed groups and militias. (Community Security and Youth at Risk) Support the establishment of child and youth protections systems and support measures to improve the functionality of these systems at local level as well as greater cultural understanding of juvenile rights and protection 76

85 UNDP GOAL 3: Supporting crisis prevention and recovery UNSAS OUTCOME 3: Good governance and human security UNDP SOMALIA OUTCOME 3: Somali women and men benefit from increased sustainable livelihood opportunities and improved natural resources management UNDP SOMALIA OUTCOME 3 INDICATORS (GROL attribution): 3(a) Increase in incomes, employment and diversified livelihood assets 3 (b) Improved natural resource management 3 (c) Improvement in the enabling environment for small and micro enterprises OUTPUTS CPD INDICATORS BASELINES TARGETS INDICATIVE ACTIVITIES ROLE OF PARTNERS Local economies revitalized and sustainable livelihood opportunities provided to women, youth, ex combatants and other vulnerable groups through micro finance, vocational skills training, small and micro enterprises and other identified opportunities to 77 Conduct regular mapping of youth atrisk (involvement criminal gangs, militia groups, private neighbourhood security groups, out of school adolescents and incarcerated adolescents for minor criminal activities). Identify, screen, register and prepare youth beneficiaries for vocational training, civic consciousness, life UNICEF, ILO, Ministry of Interior, Ministry of Security, UN JPLG, District Safety Committees, women s organizations, INDICATIVE FINANCIAL RESOURCES 12,000,000

86 OUTPUTS CPD INDICATORS BASELINES TARGETS INDICATIVE ACTIVITIES ROLE OF PARTNERS establish and enhance cooperatives and business associations. 78 based skills education, community development and/or labour intensive projects. Include defectors in South Central Somalia (With PREP, UNICEF and ILO). Support life skills based education, education for peace and vocational training. (With UNICEF and ILO). Support partnerships for the creation of short term job opportunities for women and youth to contribute to armed violence reduction, community development and public works for initial employment and reintegration (drawing upon priority projects identified in the DSPs and DDFs in target districts). (With PREP and ILO) Foster the development of an enabling community environment and shared (with government) responsibility for the social reintegration of youth in targeted districts. (With UNICEF and ILO) Support longer term job creation and entrepreneurship to prevent youth at risk re engaging in criminal activities. (With UNICEF and ILO) Support the development of youth networks and associations for mentoring and peer to peer learning with a view to encouraging community development promotion, entrepreneurship, and participation in advocacy for state youth policies and programmes. Enhance the participation of girls and women s organization to support girls and women at risk in efforts to enhance community safety, women s rights promotion and youth reintegration. Regularly update (with UNPOS and UNCT) standing contingency plans for regular DDR in case of a general r demobilization and reintegration component of a peace agreement or for the treatment of individual selfyouth groups, UNPOS, UNCT, INDICATIVE FINANCIAL RESOURCES

87 OUTPUTS CPD INDICATORS BASELINES TARGETS INDICATIVE ACTIVITIES ROLE OF PARTNERS Community based social, economic and productive infrastructure rehabilitated in a sustainable manner # of basic services and economic infrastructure rehabilitated, functioning and effectively sustained, disaggregated by type : SL, PL: 121 projects (completed or WIP): Education 14 Health 13 Markets 17 Public buildings 23 Roads 29 Sanitation 5 Water 20 *NB SL, PL: resources of DCs rudimentary, basic office equipment provided by JPLG, but no proper asset management system in place. 2015: SL, PL: Increased number of community projects : TBC demobilized former Al Shabab and other armed militia. Support local authorities and communities undertaking disarmament of local militias. Support the identification of priority peace building projects and social investments in the respective district plans and budgets through consultative processes Support the design, development and implementation of district and communitylevel projects with support of the Local Development Fund (LDF) UNCDF UNICEF (Sector Ministries esp. Health, Water, Education) INDICATIVE FINANCIAL RESOURCES 2,000, Short and long term employment opportunities created for skilled and unskilled Somalis Number of skilled and unskilled workers provided with short term employment Number of medium to long term jobs created : No data exists 79

88 UNDP GOAL 3: Supporting crisis prevention and recovery UNSAS OUTCOME 3: Good governance and human security UNDP SOMALIA OUTCOME 4: Somali women and men attain greater gender equality and are empowered UNDP SOMALIA OUTCOME 4 INDICATORS (GROL attribution): 4(a) Number of women s groups and advocates empowered to promote social change and gender equality 4(b) Percentage of representation and participation of women at all levels 4 (c) Increased access of women to social services, justice and legal protection OUTPUTS CPD INDICATORS BASELINES TARGETS INDICATIVE ACTIVITIES ROLE OF PARTNERS FINANCIAL RESOURCES 80

89 OUTPUTS CPD INDICATORS BASELINES TARGETS INDICATIVE ACTIVITIES ROLE OF PARTNERS FINANCIAL RESOURCES Leadership, technical skills and advocacy capacity of women enhanced to promote gender equality Targeted advocacy campaigns developed and dialogue spaces created on women s rights and role in society Organizational capacity of women s groups and networks strengthened to advocate for gender equality, including across zones # of women that complete leadership training programmes # of women that participate in decision making bodies ( ) # of targeted advocacy campaigns implemented # of people reached by advocacy campaigns # of dialogue spaces created to discuss women s rights and role of women in society Number of groups actively participating in local, district and national forums and influencing policies and practices. 2011: SL: No data PL: No data : No data 2011: PL: Presidential Decree for 25% seats in councils for women; 1 female minister, 2 female vice ministers, 3MPS, 23% female civil servants SL: 1 female minister, 2 female MPs, 1 woman in House of Elders, 1 female DC, 1 female Deputy Mayor : 1 female minister, 33 female MPs (6%) 2011: SL: 0 PL: 0 : : SL: 1 PL: 1 : : SL: 3 PL: 1 : : SL: TBC PL: TBC : TBC 2015: PL: 25% women representation in DCs as per law SL: 30% women representation in DCs : 30% women representation (69 women) as part of New Federal Parliament; 247 women as part of NCA (2012) 2015: SL, PL: Increased number of women complete leaderships training programs 2015: SL: TBC PL: TBC : TBC 2015: SL: TBC PL: TBC : TBC 2015: SL: TBC PL: TBC : TBC 81 Training for community groups (including women s and youth networks) on local government and participatory processes Capacity building of relevant line ministries through the provision of Somali technical consultants to promote women s participation in local government Establish coordination mechanism for team of gender equality and women s rights champions Establishment and strengthening of women caucuses for gender equality advocacy at the local level Support civic education on local government policies/laws, roles and responsibilities/expectations of citizens Consultative forums established for expansion of advocacy campaigns and monitoring and reporting on the women s rights situation Increase awareness and analysis of gender issues within the budget process Provide on going fora (including the Peace Caravan) for women and youth groups (including community based organisations) to convene to discuss and explore concepts of justice, peace, women s rights under Sharia, violence prevention, and the Ministry of Labor and Social Affairs, Ministry of Women s Development and Family Affairs, CSOs, regional administrations Ministry of Interior, district safety committees, women s groups, CSOs, Ministry of Justice, Ministry of Security, legal clinics, law faculties, Ministry of Women s Development and 1,500,000 1,000,000 2,000,000

90 OUTPUTS CPD INDICATORS BASELINES TARGETS INDICATIVE ACTIVITIES ROLE OF PARTNERS FINANCIAL RESOURCES responsibility of duty and rightsholders. Provide human and material support for women s groups, particularly women s networks or umbrella groups, to organise, advocate, communicate, publish materials and organise dialogue and communication platforms. Support women s groups and networks in cross zonal and crossborder dialogue on issues of access to justice and security. Support the training and learning of Somali men and women s groups and networks, as well as authorities, in principles of legal and gender empowerment in the context of Islamic and Somali culture.(with university Law Faculties) Support women s groups and networks to engage in discussion on all aspects of Constitutional consultations (PL and in 2012) particularly with regard to the assurance of quotas for women and areas directly affecting women s access to justice and security. Family Affairs TOTAL 177,314,000 Annex C: Conflict Sensitivity The GROL Programme aims to develop and consistently apply a conflict sensitive approach which is tailored to the Somali context. Conflict sensitivity is understood here as meaning: The capacity of an organisation to understand its operating context, understand the interaction between its interventions and the context, and act upon this understanding to avoid negative impacts and maximise positive impacts on conflict factors. (UN Peacebuilding, An Orientation, PBSO, September 2010, p.14). 82

91 However the programme will not just strive to minimise the negative and maximise the positive conflict impacts of its work (conflict sensitivity) it will also seek out opportunities to address the underlying causes of conflict in Somalia and enhance local capacities for peace. Whenever possible the programme will also adopt a peace building approach to its work: prioritising long term, locally owned solutions, emphasising the importance of bottom up processes as a complement to work at higher levels, and pursuing engagement with all stakeholders including potential spoilers. The matrix below provides an overview of the different steps the programme will take to ensure conflict sensitivity and incorporate peace building more consistently based on this analysis. 1. Steps to ensure conflict sensitivity and effective support for peace-building STEPS TO BE TAKEN SPECIFIC ACTIONS REQUIRED 1) Understand the context and the contribution UNDP can make to peace or conflict Regularly conduct or obtain conflict analyses tailored to the sectors, institutions or areas most relevant to projects and programmes Involve a wide range of stakeholders, including those affected by conflict and potential future programmes in the analysis to yield richer analysis and recommendations Ensure the conflict analyses methods and scope covers relationships within and between clans and governing administrations Avoid reductive analyses and strategies (e.g. those emphasising the overwhelming need to defeat Al Shabaab) Use the insights of conflict analyses to guide programme design and implementation, including. Key issues include: choice of objectives, partners, locations, stance towards government, and handling of contentious issues (e.g. constitutional development, human rights, and gender), strategies for avoiding or mitigating potential conflicts. Design and implement programmes to fit the Somali context: e.g. recognise the role of Islam, the importance of oral communication, the traditional roles of men, women, elders and youth, the importance of traditional and religious decision makers Governance specific requirements: Identify existing service providers, their role, capacities and degree of legitimacy, and determine what public needs, views and priorities are with regard to state service delivery. Analyse internal dynamics and clan composition of relevant state institutions Use conflict analysis findings to fit programming to the Somali context: e.g. recognise the role of Islam, the importance of oral communication, the traditional roles of men, women, elders and youth, the importance of traditional and religious decision makers. Seek to overcome problems of unequal treatment and human rights failings within traditional Somali conflict resolution forums in a culturally sensitive way Take account of and seek to work with traditional Somalia decision making processes which lie behind or work in parallel with formal state structures Rule of law specific requirements: Use conflict analysis and local consultations and perceptions studies to determine what public needs, views and priorities are with regard to policing and justice (e.g. whether local populations want to be policed by a formal police organization and if so on what terms; what functions are seen as most appropriate or the priority by the public) Identify existing security and justice providers, their role, capacities and degree of legitimacy during analyses Analyse internal dynamics and clan composition of state justice and security institutions Take account of and work with non state (traditional, religious, private) justice and security mechanisms which lie behind or work in parallel 83